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AMERICAN EDUCATIONAL SERIES 


y 


STUDIES IN 


CIVICS 


BY 


JAMES T. McCLEARY, M.C. 

LATE TEACHER OF CIVICS AND HISTORY IN THE STATE NORMAL SCHOOL 

MANKATO, MINNESOTA 

LIFE MEMBER MINNESOTA HISTORICAL SOCIETY 


REVISED TO l8gy 


Vjtvvct OF 

DPC 17 I0fi7 


NEW YORK CINCINNATI CHICAGO 

AMERICAN BOOK COMPANY 

WO COPitS weCEIVED 







\ . *7 



Copyright, 1888 and 1895, by 

JAMES T. McCLEARY 


To 

THE ME]\mEIlS OF JSTY CLASSES IN ClYICS, 

WHOSE QUESTIONS 

HAVE AIDED ME IN DETERMINING WHAT SUBJECTS TO TREAT, 

AND 

WHOSE EARNESTNESS AND INTEDDIGENCE 
HAVE JIADE IT A PUEASURE TO BE THEIR TEACHER, 

THIS BOOK 


IS AFFECTIONATELY INSCRIBED 


PREFACE. 


The thought constantly in mind in the preparation of this 
book has been to furnish useful material in usable form. 

Attention is invited to the scope of the work. The Consti¬ 
tution of the United States, not a mere abstract of it but a 
careful study of the text, is properly given much space but is 
not allowed a monopoly of it. Each of our governmental 
institutions deserves and receives a share of consideration. 
The order of presentation—beginning with the town, where 
the student can observe the operations of government, and 
proceeding gradually to the consideration of government in 
general—is based upon conclusions reached during eighteen 
years of experience in teaching this subject. 

Matter to be used chiefly for reference is placed in the ap¬ 
pendix. Attention is asked to the amount of information 
which, by means of tabulations and other modes of condensa¬ 
tion, is therein contained. Documents easily obtainable, such 
as the Declaration of Independence, are omitted to make 
room for typical and other interesting documents not usually 
accessible. 

Is this book intended to be an oflice-holders’ manual? No; 
but it is intended to help students to get an insight into the 
way in which public business is carried on. 

Is it designed as an elementary treatise on law? No; but 
the hope is indulged that the young people who study it will 
catch something of the spirit of law, which to know is to 
respect. 



CONTENTS 


Page 

Preface, 4 

To Teachers,. 7 

To Students,. -.__8 

PRELIMINARY CHAPTER. 

Government: AVhat it is and Why it is, - - 9 

PART I.— Government Within the State. 

Chapter. 

I. —TiiPi Town: Why and How Organized, etc., 13 

II. —Primitive Modes of Ad3iinistering Justice, 19 

III. —Proceedings in a Justice Court, - - 24 

IV. —The Incorporated Village, ... 34 

V. —The City,.38 

VI. — The County, .43 

VII. —Establishing Justice in the County, - 54 

VIII. — Historical, .G7 

PART II.— The State. 

IX. —States: Why and How Created, - - 71 

X. —State Constitutions, ----- 74 

XI. —Departments of Government, - - - 79 

XII. —The Legislative Department, - - 80 

XIII. —The Executive Department, - - - 88 

XIV. —Other State Officers, . . - . 95 

XV. —The Judicial Depart^vient, - - - - 100 

XVI. —Retrospect and Prospect, - - - 102 







6 


CO xr ENTS. 


PART III.—The Nation. 

Chapter. Page 

XVII.—The Causes of the Revolution, - - 106 

XVIII.—The Ahticles of Confederation, - 111 

XIX. —The Origin of the Constitution, - - 115 

XX. —The Constitution: Preamble, - - 121 

XXI. —Structure of the Legislative Branch, - 123 

XXII. —Powers of Congress, . . . - 15,3 

XXIII.—The Executive Branch, - - - - 178 

XXIV. —The Judicial Branch, - . . . 205 

XXV. —The Relations of the States, - - - 214 

XXVI. —Modes of Amending the Constitution, 221 

XXVII.—Miscellaneous Provisions, - - - 223 

XXVIII.—Ratification of the Constitution, 225 

XXIX. —The Amendments,.226 

PART IV.—Government in General. 

XXX. —Forms of Government, - - - - 244 

PART V.—Commercial Law. 

XXXI. —Contracts, - - - - - - - 249 

XXXII.—Agency,.253 

XXXIII.—Partnership,.255 

XXXIV.—Corporations,.257 

XXXV.—Commercial Paper, - - - - 261 

APPENDIX. 

A. —Forms,.269 

B. —Tables,.292 

C. —How Some Things Are Done, - - . . 3i(j 

I).—Some Principles of International Laav, - 346 

E.—Docu3ients,.- 355 

General Index, - - ..364 





TO TEACHERS. 


Highly competent teachers are the very ones who receive most kindly 
S'^iggestions meant to be helpful. For such these words ai’e intended. 

The local organizations are so related that it is advisable for all classes to 
consider each of them. Especial attention should, however, be given to 
the organization (town, village or city) in which the school is. Here con¬ 
siderable time can be profitably spent, and the matter in the book may be 
much amplified. Here must be laid the basis of future study. 

Certain typical instruments deserve careful study. For a student to 
have made out understandingly an official bond, for instance, is for him 
to have gained greatly in intelligence. 

It will be of great advantage to the class for the teacher to have a com¬ 
plete set of the papers whose forms are given in Appendix A. These may 
he obtained at almost any newspaper office, at a cost of about 50 cents. 

A scrap-book or series of envelopes in ■which to file newspaper clippings 
1 Ilustrative of the every-day workings of government, may be made very 
Viseful. Pupils should be permitted and encouraged to contribute. 

One good way to review is for the teacher to give out, say once in two 
>,veeks, a set of twenty-five or more questions, each of which 'may be 
answered in a few woi’ds; have the pupils write their answers; and the 
<jorrect answers being given by teacher or pupils, each may mark his own 
}?aper. Each pupil may thus discover where he is strong and where weak. 

The questions given for debate may be discussed by the literary society. 
Or for morning exercises, one student may on a certain day present one 
side of the argument, and on the following day the negative may be 
brought out by another student. 

A student should not be required to submit his good name to the chances 
of answering a certain set of questions, however excellent, at the examina¬ 
tion, when from anxiety or other causes he may fall far short of doing 
himself justice. One good plan is to allow each student to make up 50 per 
cent of his record during the progress of the work, by bringing in, say, five 
carefully prepared papers. One of these may be a resume of matter per¬ 
taining to his local organization; another may be an account of a trial 
observed, or other governmental work which the student may have seen 
performed; a third may be a synopsis of the president’s message; the 
fourth, a general tabulation of the constitution; the fifth, a review of some 
book on government, or a paper on a subject of the student’s own choice. 

Among reference books, every school should have at least the Revised 
Statutes of the state and of the United States, the Legislative Manual of 
the state, a good political almanac for the current year, the Congressional 
Directory, and Alton’s Among the Lawmakers. 

A Teachers’ Manual, giving answers to the pertinent questions con¬ 
tained herein, and many useful hints as to the details of teaching Civics, 
is published in connection with this book. 



TO STUDENTS 


You will notice in chapter one that at the close of nearly every para¬ 
graph questions are thrown in. They are inserted to help you cultivate in 
yourself the very valuable habit of rigid self-examination. We are all 
liable to assume too soon that we have the thought. Not to mar the look 
of the page, the questions are thenceforward placed only at the close of the 
chapters. 

You will soon discover that these questions are so framed as to require 
you to read not only on the lines and between them, but also right down 
into them. Even then you will not be able to answer all of the questions. 
The information may not be in the book at all. You may have to look 
around a long time for the answer. 

If you occasionally come to a question which you can neither answer nor 
dismiss from your mind, be thankiul for the question and that you are 
bright enough to be affected in this way. You have doubtless discovered 
that some of your best intellectual work, your most fruitful study, has 
been done on just such questions. 

After studying a provision of the constitution of the United States, you 
should be able to answer these four questions: 1. What does it sayf 
2. What does it weaw,? 3. TF/iy was the provision inserted? 4. How is it 
carried into practical effect? Some of the provisions should be so thor¬ 
oughly committed to memory that at any time they may be accurately 
quoted. The ability to quote exactly is an accomplishment well worth 
acquiring. 

After you have got through with a line of investigation it is a good thing 
to make a synopsis of the conclusions reached. Hints ai’e given at appro¬ 
priate places as to how this may be done. But the doing of it is left to 
you, that you may have the pleasure and profit resulting therefrom. 

Finally, without fretting yourself unnecessarily, be possessed of a “noble 
dissatisfaction” with vague half-knowledge. Try to see clearly. Govern¬ 
ment is so much a matter of common sense, that you can assuredly under¬ 
stand much of it if you determine so to do. 




STUDIES IN CIVICS. 


PRELIMINARY CHAPTER. 
Government: What it is and Why it is. 


At the very beginning of oiir study, tvvo questions 
naturally present themselves: First. What is govern¬ 
ment? Second. Why do we have such a thing? 

These questions are much easier to ask than to an¬ 
swer. The wisest men of the ages have pondered upon 
them, and their answers have varied widely. Yet we 
need not despair. Even hoys and girls can work out 
moderately good answers, if they will approach the 
questions seriously and with a determination to get as 
near the root of the matter as possible. 

Beginning without attempting an exact definition of 
government, because we all have a notion of what it is, 
we notice that only certain animals are government¬ 
forming. Among these may be mentioned the ant, the 
bee, and man. The fox, the bear, and the lion repre¬ 
sent the other class. If we should make two lists, in¬ 
cluding in one all the animals of the first class and in 
the other all those of the second class, we should make 
this discovery, that government-forming animals are 




10 


FEELIMmAliY CBAPTEB. 


those which by nature live together in companies, while 
the other class as a rule live apart. The generalization 
reached is, that only gr^egarious animals form govern¬ 
ments. We would discover upon further investigation 
that the greater the interdependence of the individuals, 
the more complex the government. 

Confining our attention now to man, whose govern¬ 
ment is the most complex, we may put our generaliza¬ 
tion into this form: Man establishes government 
because hy nature he. is a social being. This may be 
taken as the fundamental reason. Let us now proceed 
to trace the relation between cause and effect. 

In order that people may go from place to place to 
meet others for pleasure or business, roads are needed. 
Some of these roads may cross streams too deep for 
fording, so bridges must be provided. These things 
are for the good of all; they are public needs, and 
should be provided by the public. But “what is every 
body’s business is nobody’'s business.” It follows that 
the public must appoint certain persons to look after 
such things. By the act of appointing these persons, 
society becomes to that extent organized. We see, 
then, that society organizes in order to provide certain 
public improvements, to carry on certain jpublic works. 

For his own preservation, man is endowed with an¬ 
other quality, namely, selfishness. Sometimes this is so 
strong in a person as to cause him to disregard the 
rights of others. By experience man has learned that 
every person is interested in seeing that conflicting 
claims are settled on a better basis than that of the 
relative strength of the contestants. In other words, 
all are interested in the prevalence of peace and the 
rightful settlement of disputes. That this work may 
surely be done, it is obvious that society must appoint 


PBELIMINABY CHAPTEB. H 

certain persons to attend to it; that is, society organizes 
to establish justice. 

Communities take their character from that of the 
individuals composing them, therefore communities are 
selfish. A third reason appears, then, for the organi¬ 
zation of society, namely, the common defense. 

But this organization of society is the very thing that 
we call government. We may, therefore, answer the 
two questions proposed at the beginning in this way: 

Government is the organization of society to carry on 
^public works., to establish justice., and to provide for the 
common defense. 

The term government is also applied to the body of 
persons into whose hands is committed the management 
of public affairs. 

To show that government is a necessity to man, let 
us imagine a company of several hundred men, women, 
and children, who have left their former home on ac^ 
count of the tyranny of the government. So harshly 
have they been treated, that they have ascribed all 
their misery to the thing called government, and they 
resolve that they will have none in their new home. 
They discover an island in the ocean, which seems never 
to have been occupied, and which appears ‘‘a goodly 
land. ” Here they resolve to settle. 

They help each other in building the houses; each takes 
from the forest the wood that he needs for fuel; they 
graze the cattle in a common meadow; they till a com¬ 
mon field and all share in the harvest. For a time all 
goes well. But mutterings begin to be heard. It is 
found that some are unwilling to do their share of the 
work. It becomes manifest to the thoughtful that com¬ 
munity of property must be given up and private 
ownership be introduced, or else that the common work 


12 


PBELUnNAEY CHAFTEH. 


must bo regulated. In the latter case, government is 
established by the very act of regulation; they are 
establishing justice. If they resolve to adopt private 
ownership, industry will diversify, they will begin to 
spread out over the island, and public improvements will 
be needed, such as those specified above. The conflict 
of interests will soon necessitate tribunals for the settle¬ 
ment of disputes. And thus government would, in 
either case, inevitably be established. A visit from 
savages inhabiting another island would show the utility 
of the organization for common defense. 

Thus government seems a necessary consequence of 
man’s nature. 

In this country we have the general government and 
state governments, the latter acting chiefly through 
local organizations. For obvious reasons, the common 
defense is vested in the general government. For rea¬ 
sons that will appear, most of the work of public 
improvement and establishing justice is entrusted to 
the state and local governments. 

These we shall now proceed to study, beginning at 
home. 

Queries. —Would government be necessary if man were 
morally perfect? Why is this organization of society called 
government ? 


Part I. 


GOVERNMENT WITHIN THE STATE. 


CHAPTER I. 

The Town: Why and How Organized; Officers; 

Town Business. 

Necessity.— Now instead of a company goin^ to an 
island to found new homes, let us think of immigrants 
to a new part of a state. 

Like the people on the island, they will need roads, 
bridges, and schools; and they will desire to preserve 
the local peace. Hence they, too, will need to organize 
as a political body. 

Size.— Since these people are going to meet at stated 
periods to agree upon the amounts to be put into 
public improvements and to select officers to carry out 
their wishes, the territory covered by the organization 
should not be very large. It should be of such a size 
that every one entitled to do so can reach the place of 
meeting, take part in the work thereof, and return 
home the same day, even if he has no team. 

Basis.— Will anything be found already done to 
facilitate matters? Yes. Those parts of the state open 
to settlement will be found surveyed into portions six 
miles square. These squares are called in the survey 



li 


nOVEimMENT WITHIN THE STATE, 


“townships,” plainly indicating that they were meant 
hy the general government to he convenient bases for 
the organization of “towns.” And they have been so 
accepted. 

Draw a township. Subdivide it into sections and number 
them in accordance with the U. S. survey. Subdivide a section 
into forties, and describe eacli forty. Why do w^e have such 
divisions of a towmship? Locate your father’s farm. What is 
the difference between a township and a townf^ 

Corporate I^owers.— A town is in some respects like 
an individual. It can sue and be sued. It can borrow 
money. It can buy or rent property needed for public 
purposes. And it can sell property for which it has 
no further use. Because a town can do these things 
as an individual can it is called a corporation, and such 
[)owers are called corporate powers. 

When we say that ‘ ‘the town” can do tnese things, 
we mean of course that the people of the town as a 
political body can do them, through the proper officers. 

Officers Needed.— The town needs one or more per¬ 
sons to act for it in its corporate capacity and to have 
general charge of its interests. 

Should there be one, or more than one? Why? How many 
are there? 

Every business transaction should be recorded, and 
the town should have a recording officer or secretary. 

What is the recording officer in this towm called? What is 
his name? AYliich officer wmuld naturally be the custodian of 
public papers? 

It takes money to build bridges and to earry on 
other public works, and the town needs some one to 
take charge of the public funds. 

What is the officer called? Who occupies that position in 
this town? How^ is lie prevented from misappropriating the 
money belonging to the people? 

*In some stales the terms “congressional township” and “civil town¬ 
ship” are used. 


THE TOWN — CORPOBATE POWERS. 


15 


Our plan for raising public money for local purposes 
is, in general, that each person shall contribute accord¬ 
ing to the value of his property. Hence the town needs 
a competent and reliable man to value each person’s 
property. 

What is such an officer called? What is the name of the one 
in this town? Is any property exempt from taxation? Why? 
Just how is the value of the real estate in the town ascertained 
for the purpose of taxation? The value of the personal property ? 
Get a list and find out what questions this officer asks. Eead 
the statement at the bottom of the list carefully, and then 
form an opinion of a person who would answer the questions 
untruthfully for the purpose of lowering his taxes. 

The immediate care of the roads will demand the 
attention of one or more officers. 

IIow many in this town? What are such officers called? 
Name them. 

Differences about property of small value sometimes 
arise, and to go far from home to have them settled 
would involve too much expense of time and money; 
hence the necessity of local officers of justice. These 
officers are needed also because petty acts of lawless¬ 
ness are liable to occur. 

How many justices of the peace are there in each town? 
Why that number? Wliat is the extent of their jurisdiction? 

The arrest of criminals, the serving of legal papers, 
and the carrying out of the decisions of justices of the 
peace, make it necessary to have one or more other 
officers. 

What are such officers called? How many in each town? 
Why? Look up the history of this office; it is interesting. 

The public schools of the town may be managed 
either by a town board of trustees, who locate all of 
the school-houses, engage all of the teachers, and pro¬ 
vide necessary material for all of the schools in the 
town; or the town may be divided into districts, the 


IG GOYEBNMEls^T WITHIN THE STATE. 

school in each bein^ managed by its own school 
board. 

Does the township system or the district system prevail in 
this state? Name some state in which the other system pre¬ 
vails. 

How Chosen.— In this country most of the public 
officers are chosen by the people interested. The 
great problem of election is how to ascertain the real 
will of those entitled to express an opinion or have 
a choice. And all the arrangements for conducting 
elections have in view one of two things: either to 
facilitate voting or to prevent fraud. The town seiwes 
as a convenient voting precinct. 

Find out from the statutes or from the town manual or 
by inquiry, when the town meeting is held; how notice is 
given; how it is known who may vote; who are judges of 
election; how many clerks there are; how voting is done; how 
the votes are counted and the result made known; what reports 
of the election are made. Give the reason for each provision. 
Can a person vote by proxy? Why? What is to prevent a per¬ 
son from voting more tlian once? If the polls are open seven 
hours, and it takes one minute to vote, how many persons can 
vote at one polling place? AVhat maybe done in case there 
are more than that number of voters in the town? How are 
road overseers elected, and in what part of the day? Why 
then? What other business is transacted at town meeting? 
How do the people know how much money will be needed for 
the coming year’s improvements? How do they learn the 
nature and expense of last year’s improvements? 

Give four general reasons for our having towns. 


PRACTICAL WORK FOR STUDENTS. 

I. Organizing a Town. 

Prepare in due form a petition to the proper authoritie» 
asking that a new town be organized.’^ Be sure that the order 
establishing the new town is duly made out, signed, attested 
and tiled. Give reasons for each step. 


*For forms see Appendix. If necessary, all the pupils in the room or 
sehool may act as “legal voters.” (This “Practical Work” may be 
omitted until the review, if deemed best.) 




TOWN OBGANIZATION. 


lY 


II. Holding Annual Town Meeting. 

1. Preliminary.- What report does each road overseer 
make to the supervisors? When is the report due? What do 
the supervisors require this information for? 

Who gives notice of the town meeting? When? How? 

When does the town treasurer make his report to the per¬ 
sons appointed to examine his accounts? When does this 
examination take place? What is its purpose? 

What report does the board of supervisors make to the people 
at the town meeting? AVh^n is it prepared? Why is it neces¬ 
sary ? 

Why so many preliminaries? 

2. The Town Meetiiig“.— That everything may be done 
“decently and in order,” it will be necessary to consult care¬ 
fully the statutes or the town manual. Be sure 

(a) That the proper officers are in charge. 

{h) That the order of business is announced and followed. 

(c) That the polls are duly declared open. 

(a) That the voting is done in exact accordance with law. 

(e) That general business is attended to at the proper time. 

(/) That reports of officers are duly read and acted upon. 

(g) That appropriations for the succeeding year are duly 
made. 

(h) That the minutes of the meeting are carefully kept. 

(\') That the polls are closed in due form. 

(./) That the votes are counted and the result made known 
according to law. 

(k) That all reports of the meeting are made on time and in 
due form. 

3. After Town Meeting-.— See that all officers elected 
“qualify” on time and in strict accordance with law. Especial 
care will be needed in making out the bonds. 

Town clerk must certify to proper officer the tax levied at 
town meeting. 

III. Laying Out and Maintaining Loads. 

1. Laying out a Road.— Make out a petition for a town 
road, have it duly signed and posted. In due season present it 
to the supervisors who were elected at your town meeting. 

The supervisors, after examining the petition carefully and 
being sure that it is in proper form and that it has been duly 
posted, will appoint a time and place of hearing and give due 
notice thereof. 

When the day of hearing arrives they will examine the proofs 
of the posting and service of the notices of hearing before 
proceeding to act upon the petition. 

Having heard arguments for and against the laying of the 
road, the supervisors will render their decision in due form. 


18 


GOVERNMENT WITHIN THE STATE. 


Ill awarding damages, the supervisors will probably find four 
classes of persons: first, those to whom the road is of as much 
benefit as damage, and who admit the fact; second, those who 
should have damages, and are reasonable in their demands; 
third, those who claim more damages than they are in the 
judgment of the supervisors entitled to; and fourth, those who 
from some cause, (absence, perhaps,) do not present any claim. 
From the first class, the supervisors can readily get a release of 
damages. With the second, they can easily come to an agree¬ 
ment as to damages. To the third and fourth, they must 
make an award of damages. Let all of these cases arise and 
be taken care of. 

The supervisors must be careful to issue their road order in 
proper form, and to see that the order, together with the peti¬ 
tion, notices, affidavits and awards of damages, are filed cor¬ 
rectly and on time. The town clerk must read the law carefully 
to ascertain his duty, and then perform it exactly. See that 
fences are ordered to be removed. Let one of the persons who 
feels himself aggrieved by the decision of the supervisors, 
“appeal” to a proper court. Let this be done in due form. As 
each step is taken, let the reasons for it be made clear. 

2. Maintaining Roads.— Road overseers return the list of 
persons liable to road labor. How are these facts ascertained, 
and when must the “return” be made? 

Supervisors meet and assess road labor, and sign road tax 
warrants. When and how is this done? 

How is the road tax usually paid? IIow else may it be paid? 
How does the overseer indicate that a person’s tax is paid? If 
a person liable to road tax does not “commute, ” and yet neglects 
or refuses to appear when duly notified by the road overseer, 
what can the latter do about it ? How is delinquent road tax 
collected ? IIow can a person who has paid his tax prove that 
he has paid it ? 

Under which of the three great purposes of government men¬ 
tioned in the preliminary chapter does the making of roads 
come? 


THE TO^\N~ Continued. 

The Schools. 

Hoes the town system or the district system prevail in this 
state? If the latter, tell how a school district is organized. 
Give an account of the organization of this district. 

How many and what officers have charge of the schools? 
State the duties of each. Name the officers in this district. 
When are the officers chosen, and how long do they serve ? Are 



THE TOWN - SCHOOLS. 19 

all chosen at once? Why? How do they “quality?*’ xVre 
women eligible to school offices? To any other? 

Did you ever attend the annual meeting? When is it held? 
Why held then ? Who take part? What business is tansacted? 
What are “special” school meetings? 

What expenses must be met in having a school? Where does 
the money come from? How does the treasurer get it into his 
possession? What is to prevent his misusing it? 

By wffiom is the teacher chosen? Why not elect the teacher 
at the annual meeting? Get a teacher’s contract and find out 
who the contracting parties are, and what each agrees to do. 
Why is the contract in writing? How many copies of it are 
made? Who keep them, and why? 

If you had a bill against the district, how would you proceed 
to get your money? If the district refused or neglected to pay 
you, what could you do? If some one owed the district and 
refused to pay, what could it do? 

Who owms the school buildings and grounds? How was 
ownership obtained? If it seemed best to erect a new school- 
house in some other part of the district, what could be done 
with the present buildings and grounds? Could the district 
buy land for other than school purposes? Could it lend money 
if it had any to spare? If the district had not money enough 
to erect its buildings, what could it do? What are the corporate 
powers of a district? 


Questions for Del)ate. 

Resolved, That it is unfair to tax a bachelor to support a school. 
Resolved, That the town system is better than the district 
system. 


CHAPTER II. 

Primitive Modes of Administering Justice. 

Trial by Ordeal.— Boys settle some matters about 
which they cannot agree by “tossing up a penny,” or 
by “drawing cuts.” In a game of liall they determine 
“first innings” by “tossing the bat.” Differences in a 
game of marbles, they settle by guessing “odd or 
even,” or by “trying it over to prove it.” In all these 
modes of adjustment there is an appeal to e/ionee. 



20 


GOVEBmiE:S^T WITHIN THE STATE, 


Probably behind these practices is the feeling that tlie 
boy who ought to win will somehow guess right. This 
appealing to chance to settle questions of fact is 
characteristic of society in its primitive state. Modes 
of establishing justice similar in principle to these boy 
practices prevail to this day a nong superstitious peo¬ 
ples. They have prevailed even in Europe, not only 
camong people of low mental power, but also among 
the cultured Greeks. Among our own Saxon ancestors 
the following modes of trial are known to have been 
used: A person accused of crime was required to 
walk blindfolded and barefoot over a piece of ground 
on which hot ploughshares lay at unequal distances, or 
to plunge his arm into hot water. If in either case he 
escaped unhurt he was declared innocent. This was 
called Trial by Ordeal. The theory was that Provi¬ 
dence would protect the innocent. 

Trial by Battle.— Sometimes boys settle their dis¬ 
putes hj fighting. This, too, was one of the modes of 
adjudication prevalent in early times among men. 
Trial by Battle was introduced into England by the 
Normans. “It was the last and most solemn resort 
to try titles to real estate.”* The duel remained until 
recently, and indeed yet remains in some countries, 
as a reminder of that time. And disputes between 
countries are even now, almost without exception, 
settled by an appeal to arms. Perhaps the thought is 
that “he is thrice armed that hath his quarrel just.” 
Sometimes when one of the boys is too small to fight 
for his rights, another boy will take his part and fight 
in his stead. Similarly, in the Trial by Battle, the 
parties could fight personally or by “champion.” 


* Dole’s Talks about Law, p. 53. 


ADMimSTEBINQ JUSTICE. 21 

Interesting accounts of this inode of trial are given by 
Green and Blackstone, and in Scott’s “Talisman.” 

Arbitration.— Two boys who have a difference may 
“leave it to” some other boy in whom they both have 
confidence. And men did and do settle disputes in a 
similar way. They call it settlement by Arbitration. 

A boy would hardly refer a matter for decision to his little 
brother. AVhy ? 

Folk-Moot.— Still another common way for two boys 
to decide a question about which they differ is to 
“leave it to the boys,” some of whom are knowing to 
the facts and others not. Each of the disputants tells 
his story, subject to more or less interruption, and 
calls upon other boys to corroborate his statements. 
The assembled company then decides the matter, ‘ ‘ren¬ 
ders its verdict,” and if necessary carries it into execu¬ 
tion. In this procedure the boys are re-enacting the 
scenes of the Folh-inoot or town meeting of our Saxon 
ancestors. 

Boy-Courts.— Let us look at this boy-court again to 
discover its principal elements. 

In the first place, we see that &oery boy in the crowd 
feels that he has a right to assist in arriving at the 
decision, that “the boys” collectively are to settle the 
matter. In other words, that the establishment of justice 
is a jpvhliG trust. So our Saxon forefathers used to 
|come together in the Folk-moot and as a body decide 
differences between man and man. The boys have no 
special persons to perform special duties; that is, no 
court officers. Neither, at first, did those old Saxons. 

Secondly, in the boy-court the facts in the case are 
brought out by means of witnesses. So it was in the 


2^3 


govebnme:s^t within the state. 


Folk-moot, and so it is in most civilized countries 
today. Among those old Saxons the custom grew up 
of allowing the facts in the case to be determined by 
twelve men of the neighborhood, who were most inti¬ 
mately acquainted with those facts. When they came 
over to England these Saxons brought this custom with 
them, and from it has been developed the Trial by Jury. 
The colonists of this country, most of whom came from 
England, brought with them this important element in 
the establishment of justice, and it is found today in 
nearly all the states. 

Again, when in the boy-court the facts of the case 
have been established and it becomes necessary to 
apply the rules of the game to the particular case, the 
boys frequently, invariably in difficult cases, turn to 
some boy or boys known to be well versed in the prin¬ 
ciples of the game, and defer to his or their opinion. 
And, similarly, in the Folk-moot, much deference was 
paid in rendering judgment to the old men who for 
many years had helped to render justice, and who, in 
consequence, had much knowledge of the customs, un¬ 
written laws, in accordance with which decisions were 
rendered. In this deference to one or more persons 
who are recognized as understanding the principles in¬ 
volved in the case, we see the germ oi. judgeship in our 
present courts. 

And finally, a boy naturally reserves the right, men¬ 
tally or avoAvedly, of aj)pealing from the decision of 
the boys to the teacher or his father, in case he feels 
that he has been unjustly dealt with. 

Thus we see that the principal elements of the courts 
of today, the establishment of justice as a public trust, 
the determination of the facts by means of witnesses 


ADMimSTEBING JUSTICE. 


23 


and a jury, the application of the law by one or more 
judges, the right of appeal to a higher court, are not 
artificial, but in the nature of things. We inherited 
them from our primitive ancestors, and in that sense 
they may be said to have been imposed upon us. But 
their naturalness appears in the fact that boys when 
left to themselves introduce the same elements into their 
boy-courts. 

Changes Made in Coukse of Time. 

In the Jury System.— The jurors were originally, as 
has been said, persons acquainted with the facts. 
After the Norman conquest, it came about that the 
jury consisted of twelve persons disinterested and 
unacquainted with the facts. Probably the change 
gradually came about from the difficulty of getting 
twelve men eligible to the jury who knew of the facts. 
Persons ineligible to the jury were then invited to 
give it information, but not to join it in the verdict. 
The next step, taken about IdOO a. d. , was to require 
these witnesses to give their evidence in open court, 
subject to examination and cross-examination. The teS' 
timony of the witnesses, however, was still merely sup¬ 
plementary. Then in the time of Queen Anne, about 
1707 A D , it was decided that any person who had 
knowledge of the facts of the case should appear as a 
witness^ that the jury should consist of persons unac¬ 
quainted with the facts, and that the verdict should be 
rendered in accordance with the evidence. And so it is 
to this day, both in England and America.* 

“It is not true, however, that a man is disqualified 

* The best history of the jury system is probably Forsyth’s. 

3 


24 : 


GOVEBl^^MENT WITHIN THE STATE. 


from serving on a jury simply because he has heard or 
read of the case, and has formed and expressed some 
impression in regard to its merits; if it were, the quali¬ 
fications for jury service in cases that attract great 
attention would be ignorance and stupidity. The test, 
therefore, is not whether the juryman is entirely igno¬ 
rant of the case, but whether he has formed such an 
opinion as would be likely to prevent him from impar¬ 
tially weighing the evidence and returning a verdict 
in accordance therewith.”* 

In the Officers.— As has been said, there were in the 
old Saxon courts no court officers. But quite early the 
necessity for such officers became manifest. And sev¬ 
eral of the offices then established have come down to 
us. Some of them, however, have been so modified in 
the progress of time as to be hardly recognizable. 


CHAPTER III. 

Proceedings in a Justice Court. 

I. In Ordinary Civil Actions. 

Definitions.— A Civil Action is one having for its 
object the protection or enforcement of a private right 
or the securing of compensation for an infraction thereof. 
For instance a suit brought to secure possession of a 
horse, or to secure damages for a trespass is a civil 
action. The person bringing the action is called the 


* Dole’s Talks about Law, p. 69. 



ADMINISTERING JUSTICE. 


25 


plaintiff; the one against whom it is brought, the 
defendant. The plaintiff and the defendant are called 
the parties to the action. 

Jurisdiction,— A justice of the peace has jurisdiction 
within the county in most civil actions when the amount 
in controversy does not exceed a certain sum, usually 
one hundred dollars. (See p. 296.) 

PRELIMINARY TO TRIAL. 

Complaint and Summons.— In bringing a civil action, 
the plaintiff or his agent appears before the justice of 
the peace and files a Complaint. In this he states the 
cause of the action. The justice then issues a Sum¬ 
mons. This is an order to a sheriff or constable com¬ 
manding him to notify the defendant to appear before 
the justice at a certain time and place to make answer 
to the plaintiff’s demands. (Form on p. 277.) 

Sometimes on bringing an action or during its prog¬ 
ress a writ of attachment is obtained. To secure this 
writ, the creditor must make affidavit to the fact of the 
debt, and that the debtor is disposing or preparing to 
dispose of his property with intent to defraud him, or 
that the debtor is himself not reachable, because hiding 
or because of non-residence. In addition, the creditor 
must give a bond for the costs of the suit, and for any 
damages sustained by the defendant. The justice then 
issues the writ, which commands the sheriff or constable 
to take possession of and hold sufficient goods of the 
debtor and summon him as defendant in the suit. 

Another writ sometimes used is the writ of replevin. 
To secure this writ, the plaintiff must make affidavit 
that the defendant is in wrongful possession of certain 


26 


GOVEBNMENT WITHIN THE STATE. 


(described) personal property belonging to the plaintiff. 
The plaintiff then gives a bond for the costs of the suit 
and for the return of the property in case he fails to 
secure judgment, and for the payment of damages if the 
return of the property cannot be enforced, and the jus¬ 
tice issues the writ. This commands the sheriff or con¬ 
stable to take the property described and turn it over 
to the plaintiff, and to summon the defendant as before. 

Pleadings.— The next step in the process, in any of 
the cases, is the filing of an Answer by the defendant, 
in which he states the grounds of his defense. The 
complaint of the plaintiff and the answer of the 
defendant constitute what are called the pleadings.* 
If the answer contains a counter-claim, the plaintiff is 
entitled to a further pleading called the Reply. The 
pleadings contain simply a statement of the facts upon 
which the parties rely in support of their case. No 
evidence, inference or argument is permitted in them. 

Issue.— It is a principle of pleading that “everything 
not denied is presumed to be admitted. ” The fact or 
facts asserted by one party and denied by the other 
constitute the issue. If the defendant does not make 
answer on or before the day appointed in the summons 
and does not appear on that day, judgment may be 
rendered against him. If the plaintiff fail to appear, 
he loses the suit and has to pay the costs. For suffi¬ 
cient cause either party may have the suit adjourned or 
postponed for a short time. 

Jury.— On demand of either party a jury must be 
impaneled. The jury usually consists of twelve per¬ 
sons, but by consent of the parties the number may be 

*For a more extensive discussion of pleadings, see chapter VII.: or 
Dole, pp. 36-42. 


AD3nmSTEliINQ JUSTICE. 


27 


less. The jury is impaneled as follows: The justice 
directs the sheriff or constable to make a list of twenty- 
four inhabitants of the county qualified to serve as 
jurors in the district court, or of eighteen if the jury is 
to consist of six persons. Each party may then strike 
out six of the names. The justice then issues a venire* 
to the sheriff’ or a constable, directing him to summon 
the persons Avhose names remain on the list to act as 
jurors. 

Witnesses.— If any of the witnesses should be un¬ 
willing to come, the justice issues a subpoenaf com¬ 
manding them to appear. The subpoena may contain 
any number of names and may be served by any one. 
It is “served” by reading it to the person named 
therein, or by delivering a copy of it to him. A 
witness, however, is not bound to come unless paid 
mileage and one day’s service in advance. 

THE TKIAL. 

Opening- Statement.— The usual procedure is as fol¬ 
lows: After the jury has been sworn, the plaintiff’s 
attorney reads the complaint and makes an opening 
statement of the facts which he expects to prove. The 
purpose of the opening statement is to present the 
salient points of the case, so that the importance and 
bearing of the testimony may be readily seen by the 
jury. 

Evidence.— The evidence J for the plaintiff is then 
introduced. Each witness, after l)eing duly sworn, 
gives his testimony by answering the questions of 
counsel. After the direct examination by the plaintiff’s 

* For forms, see page 280. 

t For forms, see page 279. 

j The most important Rules of Evidence are given m chapter VII. 


28 


GOVEBNMENT WITHIN THE STATE. 


attorney, the Avitness may be cross-examined by the 
attorney for the defendant. When the evidence for 
the plaintiff is all in, the defendant’s attorney makes 
his opening statement, and then the witnesses for the 
defense are examined. The direct examination is now, 
of course, conducted by the counsel for the defendant, 
and the cross-examination by opposing counsel. When 
all the evidence for the defense has been introduced, 
the plaintiff may offer evidence in ‘‘rebuttal,” that is, 
to contradict or disprove new matter adduced by the 
defense. And the defendant may then introduce evi¬ 
dence to refute matter first brought out by the rebuttal. 

Arg-ument.— The case is now ready for “argument.” 
One attorney on each side addresses the jury. Each 
tries to shoAV that the evidence adduced has proved the 
facts alleged in his pleadings, and each asks for a deci¬ 
sion in favor of his client. Usually the side upon Avhich 
rests the burden of proof has the closing argument. 
Counsel must confine themselves to the law, the ad¬ 
mitted facts and the evidence. 

Verdict.— The jury then retire in care of an oflacer 
to a room set apart for their use. Here they deliberate 
in secret. If after a reasonable time they cannot 
agree, they are discharged, and the case stands as if 
no trial had taken place. But if they agree they 
return to the court room and render their verdict. 
This is given by the foreman, and is assented to by the 
rest. 

Judgment.— After the verdict, the justice enters 
judgment in accordance thereAvith. Judgment may 
include certain sums of money alloAved to the successful 
party in part compensation of his expenses. Such allow¬ 
ances and certain court expenses are called “ the costs.” 


ADMimSTERINO JUSTICE. 


29 


AFTER THE TRIAL. 

Appeal.—If the defeated party feels that he has not 
been justly dealt with, he may ask for a new trial. If 
this be refused he may appeal his case to a higher court. 
He must make affidavit that the appeal is not taken for 
the purpose of delay, and must give bonds to cover the 
judgment and the costs of appeal. The higher court 
affirms or reverses the judgment, in the latter case 
granting a new trial. 

Sometimes the case is tried anew in the higher court, 
just as if there had been no trial in the justice court. 

Execution.— If no appeal is taken the defeated party 
may “satisfy” the judgment, that is, pay to the justice 
the sum specified therein. If at the expiration of the 
time allowed for appeal the judgment remains unsatis¬ 
fied, the justice may issue an execution* against the 
property of the debtor. 

II. In Criminal Actions. 

Jurisdiction. 

Justices of the peace have jurisdiction throughout 
their respective counties, as follows: 

1. To try charges where the punishment prescribed 
by law does not exceed a fine of one hundred dollars 
or imprisonment for three months, f 

2. To examine persons charged with crimes greater 
than those specified above, and to dismiss them or 
hold them for trial in a court having jurisdiction, as 
the facts seem to warrant. 

3. To jyrerent crimes, by requiring reckless persons 
to give security to keep the peace. 

*For forms, see Appendix, pp. 282-3. 

t The extent of this jurisdiction varies somewhat in different states. 


30 


GOVERNMENT WITHIN THE STATE. 


PROCEEDINGS IN CRIMINAL TRIAL. 

Preliminary. 

Complaint.— If a crime has been committed, the 
sufferer, or any one else, may appear before the justice 
of the peace and make complaint, under oath, speci¬ 
fying the nature of the crime, the time of its commis¬ 
sion, and the name of the person believed to have per¬ 
petrated it, and requesting that he be apprehended for 
trial. 

Warrant.— If upon careful examination of the com¬ 
plainant and any witnesses whom he may bring, it 
appears that the offense has probably been committed, 
the justice issues a warrant, reciting the substance of 
the complaint, and commanding an officer to arrest the 
accused and produce him for trial. 

Return.— The officer arrests the accused, brings him 
before the justice, and makes a return of the warrant. 
The return is a statement on the back of the warrant tell¬ 
ing how its commands have been executed. (See p. 283.) 

Bail.— The accused is entitled to a speedy trial. 
But if for good cause it seems best to postpone it, 
the accused may be released from custody upon giving 
sufficient bail for his appearance at the time fixed for 
trial. If he cannot furnish bail, he is committed to 
jail or left in charge of the officer. 

Subpoena.— One good reason for postponing a trial 
is to enable the parties to secure witnesses. To this 
end, the justice issues subpoenas. But in this case the 
witnesses must come without the tender of the fee. 

The Trial. 

Arraignment.— The first step in the trial proper is 


ABMINISTEBING JUSTICE. 


31 


to inform the defendant of the nature of the crime with 
which he is charged. The accusation, as stated in the 
warrant, is distinctly read to him by the justice, and he 
is requircul to plead thereto. If he pleads guilty, con¬ 
viction and sentence may follow at once. If he pleads 
not guilty, the trial proceeds. 

Trial.— After the joining of issue, and before the court 
proceeds to the examination of the merits of the case, 
a jury is impaneled as in a civil action. A jury may 
be waived by the defendant. Then follow the taking 
of the testimony, the arguments of counsel, the consid¬ 
eration and verdict by the jury. The defendant is then 
discharged if not guilty, or sentenced if found guilty. 
The penalty depends, of course, upon the nature of the 
offense. 


PROCEEDINGS IN EXAMINATION. 

Need of Examiiiatiou.— Over crimes punishable by 
fine greater than $100 or imprisonment for more than 
three months, a justice of the peace usually has no juris¬ 
diction of trial. The action must be tried in the district 
court, on the indictment of a grand jury. But in the 
meantime the perpetrator of a crime might escape. To 
prevent this, the accused may be arrested and examined 
by a justice of the peace, to ascertain whether or not 
there are sufficient grounds for holding him for trial. 

Proceedings. —The preliminary proceedings are pre¬ 
cisely like those in case of a trial. Upon complaint 
duly made a warrant is issued, and the accused is ar¬ 
rested and brought before the? justice. In the presence 
of the accused, the magistrate examines the complainant 
and witnesses in support of the prosecution, upon oath, 
‘bn relation to any matter connected with such charge 
which may be deemed pertinent.” 


32 


GOVEBmiE^S^T WITHIN THE STATE. 


Rights of Accused. — The accused has a right to 
have witnesses in his behalf, and to have the aid of 
counsel, who may cross-examine the witnesses for the 
prosecution. 

The Result.— If it appears upon examination that the 
accused is innocent of the crime, he is discharged. If 
his guilt seems probable, he is held to await the action 
of the grand jury. In the case of some offenses bail 
may be accepted. But if no suital)le bail is offered, or 
if the offense is not bailable, the accused is committed 
to jail. Material witnesses for the prosecution may be 
required to give bonds for their appearance at the trial, 
or in default thereof may be committed to jail. 

Reports.— The justice makes a report of the proceed¬ 
ings in the examination, and files it with the clerk of 
the court before which the accused is bound to appear 
for trial. 


PROCEEDINGS FOR PREVENTING CRIME. 

Prefatory.— But it is better to prevent crime than to 
punish it. Indeed, one reason for punishing wrong¬ 
doers is that the fear of punishment may deter people 
from committing crime. 

Proceedings.— As a conservator of the public peace, 
then, a justice may require persons to give bonds for 
good behavior. The preliminary proceedings are sim¬ 
ilar to those in the case of a trial—the complaint, war¬ 
rant and return. But the complainant simply alleges 
upon oath, that a crime against his person or property 
has been threatened. The examination is conducted as 
in case of a criminal offense. 

Result.— If upon examination there appears reason 
to fear that the crime will be committed by the party 
complained of, he shall be required to enter into recog- 


ADMlJ^ibTEUlNi} JUSTICE. 


33 


nizance to keep the peace, failing in which he shall l)e 
connnittcd to jail for the time to be covered by the 
surety, said time not to exceed six months. 


REMARKS ON CRIMINAL TRIALS. 

The care for the rights of the accused is based upon 
the principle in our law, that every man shall be held 
innocent till proved guilty. Another principle is that 
a person accused of crime cannot he tried in his absence. 
The purpose of arresting him is to secure his presence 
at the trial. If he can guarantee this by bail he is set 
at liberty, otherwise he is confined in jail. (Seep. 231.) 


Pertinent Questions. 

Are the justices and constables town, county or state 
officers? How is it known at the cofinty seat who the justices 
and constables in each town are? Define docket, summons, 
warrant, pleading, subpoena, crime, felony, misdemeanor, 
venire, costs, execution, recognizance. Why are there two 
justices in each town? What is meant by “change of venue?” 
flow is an oath administered in court? AVhat persons may not 
serve as witnesses? If a criminal sliould make confession of 
the crime to his law^yer, could the lawyer be subpoenaed as a 
witness on the trial? IName some things “exempt from execu¬ 
tion” in this state. What is to hinder a bitter enemy of yours, 
if you iiave one, from having you committed to prison. Can 
a civil suit proceed in the absence of the defendant? 

Practical Work. 

Assume that John Smith bought from Reuben White a cow, 
tlie price agreed upon being $30; that Smith refuses to pay, 
and White sues liirn. Write up all the papers in the case, 
make proper entries in th^ do^’kot, assessing costs, etc. 


34 


GOVEBNMEyT WITHIN THE STATE, 


CHAPTEE IV. 

The Incorporated Village. 

Need of.—Owing to conditions, natural and artifi¬ 
cial, favorable to business enterprises, people group 
together in certain places. Living in a limited area, 
the amount of land occupied by each family is small, 
and the territory is surveyed into lots and blocks. To 
make each homestead accessible, streets are laid out. 
The distances traveled being short, people go about 
principally on foot; hence the need of sidewalks. To 
reduce the danger of going about after dark, street- 
lamps are needed. The nearness of the houses to each 
other renders it necessary to take special precautions 
for the prevention of fires, and for their extinguish¬ 
ment in case they break out. 

But to provide and maintain all these things takes 
money, and the people living in the other parts of the 
town not sharing the benefits Avould hardly like to help 
pay for them. Hence it is but just that the people 
living in the thickly settled portion of the town should 
be permitted to separate from the rest and form an 
organization by themselves. 

Again, the circumstances being different, the regu¬ 
lations must be different in this part of the town. For 
instance, in the country a man may drive as fast as he 
pleases, while here fast driving endangers life and 
must be prohibited. In the country sleigh-bells are 
not needed, while here they must be used to warn 
people of the approach of teams. In the country, if a 
man’s house takes fire no other person’s property is 
endangered; but here the danger is such that all the 
people are interested in eacli man’s house, and the corn- 


VILLAGES—HOW INCOBPOBATED. 


35 


munity may require that chimneys be properly con¬ 
structed and ashes safely disposed of. 

How Incorporated. —Villages are, with rare excep¬ 
tions, incorporated under a general law specifying the 
number of inhabitants, the mode of voting on incor¬ 
poration, etc. 

The method in Minnesota, which may be taken as 
typical, is as follows: Upon petition of thirty or more 
voters resident upon the lands to be incorporated, 
which lands have been divided into lots and blocks, 
the county commissioners appoint a time, and give 
due notice thereof, when the voters “actually residing 
within the territory described,” may vote upon the 
question. If a majority of those voting favor incor¬ 
poration, the commissioners file with the register of 
deeds the original petition, a true cop}^ of the notice 
of election, and the certificate showing the result of 
the vote. The village thus becomes incorporated, and 
has the usual corporate powers. It organizes by elect¬ 
ing officers. 

Elective Officers. —The usual elective officers of a vil¬ 
lage are a president, three trustees, a treasurer, and a 
recorder, who are chosen for one year, and two justices 
of the peace and a constable, elected for two years.* 

The Council and Its Powers. —The president, the 
three trustees, and the recorder constitute the village 
council. They may make, for the following purposes 
among others, such ordinances or by-laws as they deem 
necessary: 

1. To establish and regulate a fire department; to 
purchase apparatus for extinguishing fires; to construct 
water-works; to designate limits within which wooden 


* The difference in term is accounted for by the fact that the justices and 
constables are in a measure county officers. 


36 


GOVEBNMENT WITHJN THE STATE. 


buildings shall not be erected; to regidate the manner 
of building and cleaning chimneys, and of disposing of 
ashes; and generally to enact such necessary measures 
for the prevention or extinguishment of fires as may be 
proper. 

2. To lay out streets, alleys, parks, and other pub¬ 
lic grounds; to grade, improve, or discontinue them; 
to make, repair, improve, or discontinue sidewalks, 
and to prevent their being encumbered with merchan¬ 
dise, snow or other obstructions; to regulate driving 
on the streets; to appoint a street commissioner. 

3. To erect lamp-posts and lamps, and provide for 
the care and lighting of the lamps. 

4. To appoint a board of health, with due powers; 
to provide public hospitals; to regulate slaughter¬ 
houses; to define, prevent, and abate nuisances. 

5. To establish and maintain a public library and 
reading-room. 

6. To prohibit gambling; to prevent, or license and 
regulate the sale of liquor, the keeping of billiard- 
tables, and the exhibition of circuses and shows of all 
kinds; to appoint policemen, and provide a place of 
confinement for offenders against the ordinances. 

Y. In general, ‘To ordain and establish all such 
ordinances and by-laws for the government and good 
order of the village, the suppression of vice and im¬ 
morality, the prevention of crime, the protection of 
public and private property, the benefit of trade and 
commerce, and the promotion of health, not inconsis¬ 
tent with the constitution and laws of the United 
States or of this state, as they shall deem expedient,” 
and to provide penalties for the violation of the 
ordinances. 

All fines and penalties imposed belong to the village. 


VILLAGE OFFICERS. 


37 


Appointive Officers.— The council appoints, as pro¬ 
vided by law, a village attorney, a poundmaster, one 
or more keepers.of cemeteries, one or more fire-war¬ 
dens, and regular and special policemen; and it pre¬ 
scribes the duties and fixes the compensation of 
these officers. The council also elects at its first meet¬ 
ing, a village assessor, who shall hold his office one 
year. 

Vacancies and Removals.— Vacancies in any of the 
village offices are filled by the council, and it has 
power to remove any officer elected or appointed by it 
whenever it seems that the public welfare will be pro¬ 
moted thereby. 

Liike Town Officers.— The assessor, treasurer, jus¬ 
tices of the peace, and constable, have the same duties 
and responsibilities as the corresponding officers in the 
town. The village has a seal, of which the recorder 
is the custodian; and he is, as has been said, a member 
of the council. Otherwise the duties of the recorder 
are similar to those of the town clerk. 

Elections.— A village usually constitutes one election 
district and one road district. Village elections are 
conducted as are those in a town. 

Enlargements.— Lands adjoining the village may be 
annexed to it, at the wish and with the consent of the 
voters of the territory and of the village. The will of 
the voters aforesaid is expressed at an election called, 
after due notice, by the county commissioners. 

.Some Pertinent Questions. 

Kame the incorporated villages in your county. Any others 
that you know. Name some villages, so-called, which are not 
incorporated. Why are the petition and other papers of incor¬ 
poration recorded? 

Can a person living in a village build a sidewalk to suit his 
own fancy? Why? Suppose that owing to a defective side- 


38 


GOVEBmiENT WITHIN THE STATE. 


walk you should break your leg, what responsibility would lie 
on the village ? 

How would you get your pay if you had a bill against a 
village? 

The village council has power “to establish and regulate 
markets.” Why should the sale of meats be regulated any 
more than the sale of flour or of clothing? May the sale of 
bread be regulated? 

What is the difference between a policeman and a constable. 

Compare the village and the town, telling w^herein they are 
alike and wherein they are different. 

Debate. 

Kesolved, That for a village of 1000 inhabitants or less it is 
wise not to become incorporated. 


CHAPTER V. 

The City. 

Need of.— A village being one election district has 
only one polling place. The community may increase 
so in numbers as to make it necessary to have several 
voting places. For the accommodation of the people, 
these would naturally be located in different parts of 
the community; and to prevent fraud, voting precincts 
would have to be carefully defined. The council would 
naturally be made up of representatives from these 
divisions. 

When, under this arrangement, the voters assemble 
in different parts of the community, they could not 
listen to financial reports and vote taxes, as they do in 
the town and the village. Hence it w ould be necessary 
to endow the council with increased powers, including 
the power to levy taxes without the direct authorization 
of the people. 

The expenses for public improvements, for water- 



THE CITY ORGAmZAllON. 


39 


works, sewers, street-lighting, etc., may take more 
money than it would be prudent to assess upon the 
community for immediate payment. In this case it 
would be desirable for the community to have the 
power to issue bonds. 

Again, with increase in population there is an in¬ 
crease in the number of disputes over private rights, 
and temptations to crime become more numerous. 
Hence the need of one or more courts having jurisdic¬ 
tion greater than that possessed by justices of the 
peace. The conditions necessitate also an increase in 
the number and the efficiency of the police. And to 
render the police efficient it is necessary that they be 
under the direction of one man, the same one who is 
responsible for the carrying out of the ordinances of 
the council, namely, the mayor. 

A community organized to comply with the fore¬ 
going requirements—divided into wards, having a 
council made up of aldermen from those wards, having 
a council authorized to levy taxes at its discretion, 
having a municipal court, having regularly employed 
police acting under the direction of the mayor—is a 
city, as the term is generally used in the United States. 

Another reason for establishing a city government is 
frequently potent, although unmentioned. The pride 
of the community can be thereby indulged, and more 
citizens can have their ambition to hold public office 
gratified. 

How Organized.— A city may be organized under 
general law or special charter from the legislature. 
Large cities, and small ones with great exjaectations^ 
usually work under a charter. But the custom is 
growing of organizing cities at first under general law. 
Then if a city outgrows the general law, grows so that 


40 


OOVEBNMENT WITHIN THE STATE. 


it needs powers and privileges not granted therein, it 
may properly ask the legislature for a special charter. 

As a type, the principal provisions of the general 
law of Minnesota are here given, as follows: 

‘‘Whenever the legal voters residing within the 
limits of a territory comprising not less than two 
thousand inhabitants, and not more than fifteen thou¬ 
sand, and which territory they wish to have incor¬ 
porated as a city, shall sign and have presented to the 
judge of probate of the county in which such territory 
is situated, a petition setting forth the metes and 
bounds of said city, and of the several wards thereof, 
and praying that said city shall be incorporated under 
such name as may therein be designated, the judge of 
probate shall issue an order declaring such territory 
duly incorporated as a city, and shall designate the 
metes, bounds, wards, and name thereof, as in said 
petition described.” And the judge of probate desig¬ 
nates the time and places of holding the first election, 
giving due notice thereof. He also appoints three per¬ 
sons in each ward, of which there shall be not less than 
two nor more than five, to act as judges of election. 
The corporation is established upon the presentation of 
the petition, and the organization is completed by the 
election of officers. 

The usual elective officers of a city are a mayor, a 
treasurer, a recorder, one justice of the peace for each 
ward, styled “ city justice,” all of whom shall be quali¬ 
fied voters of the city, and one or more aldermen for 
each ward, who shall be “qualified voters therein.” 
All other city officers are appointed. 

The term of mayor, city justices and aldermen is in 
most states two years; that of the other officers, one 
year. 


TBS' CITY COUNCIL. 


41 


Any officer of the city may be removed from office 
by vote of two-thirds of the whole number of aldermen. 
But an elective officer must be given “an opportunity 
to be heard in his own defense.” 

A vacancy in the office of mayor or alderman is filled 
by a neAv election. A vacancy in any other office is 
filled by appointment. The person elected or appointed 
serves for the unexpired term. 

The Mayor is the chief executive officer and head of 
the police of the city. By and with the consent of the 
council, he appoints a chief of police and other police 
officers and watchmen. In case of disturbance he may 
appoint as many special constables as he may think 
necessary, and he may discharge them whenever he 
thinks their services no longer needed. 

The City Council consists of the aldermen.* It is 
the judge of the election of its own members. A 
majority of the members elected constitutes a quorum 
for the transaction of business. 

The council chooses its own president and vice- 
president. In case the mayor is absent from the city 
or for any reason is temporarily unable to act, the 
president of the council acts as mayor, with the title 
Acting Mayor. 

Passing Ordinances.— The mode of passing an ordi¬ 
nance is unlike anything that we have considered up to 
this time, and deserves special attention on account of 
its resemblance to the mode of making laws in the 
state and general governments. It is as follows; 
If a proposed ordinance is voted for by a majority of 
the members of the council present at any meeting, it is 
presented to the mayor. If he approves it, he signs 


*In some states the city council consists of two bodies. 


42 


GOVERNMENT WITHIN THE STATE. 


it, and it becomes an ordinance. But if he does not 
approve it, he returns it, through the recorder, to the 
council, together with his objections.* The council, 
then reconsiders the proposed ordinance in the light of 
the mayor’s objections. If, after such reconsideration, 
two-thirds of the members elected vote for it, it be¬ 
comes an ordinance, just as if approved by the mayor. 
“If an ordinance or resolution shall not be returned 
by the mayor within five days, Sundays excepted, after 
it shall have been presented to him,” it shall have the 
same effect as if approved by him. 

Publication of Ordinances. — The ordinances and 
by-laws of the council are published in a newspaper of 
the city, selected by the council as the official means 
of publication, and are posted in three conspicuous 
places in each ward for two weeks, before they become 
operative. 

Council Powers.— The city council has about the 
same powers as a village council in regard to streets, 
the prevention and extinguishment of fires, etc.—the 
same in kind but somewhat more extensive. But it 
can also levy taxes for public purposes, as has before 
been said. It usually elects the assessor, the city attor¬ 
ney, the street commissioner, and a city surveyor, and 
in some states other officers. 

The recorder, treasurer, assessor, justices of the 
peace, and police constables, have duties similar to 
those of the corresponding officers in a village or a 
town. 

Some Pertinent Questions. 

If two persons should claim the same seat in the city council 
who would decide the matter? ’ 

State three ways in which a proposed ordinance may become 

* This Is called vetoing it, from a Latin word veto, meaning I forbid. 


THE COUNTY—NEED OF. 


43 


an ordinance. Two ways in which it may fail. How can per¬ 
sons living in a city find out what ordinances the council 
passes? How far are the ordinances of any city operative? 

Compare the government of a village Avith that of a city. 

Are school affairs managed by the city council? How is it 
in a village? In a town. 

If a new school-house is needed in a city, and there is not 
money enough in the treasury to build it, what can be done? 

If you live in a city having a special charter, borrow a copy 
of it from a lawyer or from the city recorder, and find out wliat 
powers and privileges are granted to the corporation not speci¬ 
fied in the general law; what limitations are imposed; and, if 
a municipal court is provided for, what its j urisdiction is in 
civil actions and in criminal prosecutions. 

N ame the principal officers in your city. The aldermen from 
your ward. 

AVhat are some of the dangers of city government? Consult 
Macy’s Our Government, pp. 51-53, and Nordhoff’s Politics for 
Young Americans. 


Questions for Dehate. 

Resolved, That for a community of 5000 inhabitants or less a 
village organization is better than a city organization. 


CHAPTER VI. 

The County. 

Need of.— A county organization is needed for the 
following reasons: 

1. To e'stahlish the lower organizations. As we have 
seen, the organizations within the county are estal> 
lished by county officers. But, it may properly ])e 
asked, why not have them organized by the state 
directly? There are at least three good reasons: In 
the first place, it would be too burdensome to the 
state; that is, the state would act through the legis¬ 
lature, and to organize all the individual school dis¬ 
tricts, towns, villages, and cities, Avould take up too 



44 GOVEBNMENT WITHIN THE STATE. 

much of the time of the legislature. In the second 
place, the organizing could only he done at certain 
times, namely during the session of the legislature, 
and in the meantime communities would have to wait. 
In the third place, the records of incorporation would 
be inaccessible in case they were needed for reference. 

2. To serve as a medium between the state and the 
lower organizations. The state uses the town, village, 
and city to value property for purposes of taxation 
and as election districts. But it gets its taxes and its 
election returns through the county. Here again may 
arise the question, why not send the state taxes 
directly to the capital and make election returns 
directly also? At least two good reasons appear: It 
would increase the work and therefore the number of 
officials at the capital, and if a mistake should be made 
it could not be so easily discovered and corrected. 

3. To carry on public worhs beyond the power of the 
towns individually. A desired local improvement may 
be beyond the power of a town either because it is 
outside of the jurisdiction of the town or because of 
its expense. Thus, a road may be needed between 
two centers of population, villages or cities, which 
would run through several towns, while the jurisdic¬ 
tion of the towns individually extends only to their 
own borders. Or a bridge over a wide stream may 
be needed, which would be too expensive for the town 
in which it is located. The road and the bridge would 
better be provided by the county.* And the poor can 
generally be better cared for by the county than by 
the individual towns, for the county can erect and 
maintain a poor-house. 

* Sometimes state aid is secured. Do you think it wise, as a rule, for 
the state to grant such aid ? 


THE COVHTY—HOW EST^iBLmHED. 


45 


4. To secure certain local officers not needed in every 
town; for instance, a register of deeds, the coroner, the 
judge of probate, the superintendent of schools (in 
most states), and the surveyor. 

5. To serve as a territorial basis for the apportion^ 
ment of members of the legislature. This is, perhaps, 
merely an incidental gain. But its convenience in 
defining legislative districts is obvious. 

6. To make justice cheap and accessible. It is well 
in many ways, as we have seen, to have in every town, 
village, and city, courts of limited jurisdiction. But 
to establish justice in any generous or satisfying sense 
there should be within the reach of every citizen a 
court competent to try any difference between indi¬ 
viduals regardless of the amount in controversy, and 
able to punish any crime against the laws of the state. 
To bring such a court within the reach of every one 
was the original reason for the establishment of the 
county, and remains today the greatest advantage 
derived from its existence. 

Establishment.— Counties are established by the 
state legislature. 

In thinly settled parts of a state the counties are much 
larger than in the populous parts. A county should be 
large enough to make its administration economical, 
and yet small enough to bring its seat of justice within 
easy reach of every one within its boundaries. In the 
ideal county a person living in any part thereof can go 
to the county seat by team, have several hours for 
business, and return home the same day. 

County Board.— The administration of county affairs 
is in the hands of the county commissioners or super¬ 
visors. This board is usually constructed on one of 
two plans: Either it consists of three or five members. 


46 


GOVERNMENT WITHIN THE STATE. 


the county being divided into commissioner districts; 
or else it is constituted of the chairmen or other mem¬ 
ber of each of the several town boards. The foi-mer plan 
prevails in Minnesota, Iowa, and other states; the latter 
in Wisconsin, Michigan, most of Illinois, and in other 
states. 

The commissioners have chargee of county roads and 
bridges, county buildings and other county property, 
and the care of the county poor. Through the com¬ 
missioners the county exercises the usual corporate 
powers. 

Recording Officer.— The recording officer of the 
county is called in some states the county auditor, in 
others the recorder, and in others the county clerk. As 
we would expect, he is secretary of the board of com¬ 
missioners and the custodian of county papers; and all 
orders upon the treasurer are issued by him. The aud¬ 
itor is also bookkeeper for the county, that is, he keeps 
an account of the money received and paid out by the 
county treasurer. 

In Minnesota and some other states, he computes all 
the taxes for the county,* and makes the tax-lists, show¬ 
ing in books provided for the purpose just how much 
the tax is on each piece of real estate and on personal 
property. These books he turns over to the county 
treasurer to be used in collecting the taxes. 

Treasurer.— The county treasurer is, in some states, 
one of the most important officers. He is the great 
financial agent, collecting all the taxes paid by the 
people for school, town, village, city, county and state 
purposes, except assessments for city sidewalks and 
street grading. Great care must, therefore, be taken 

* In some states, among them Wisconsin, this computation is per¬ 
formed by the several town clerks, and the moneys are collected by the 
town treasurers. 


COUNTY OFFICEBS. 


47 


to guard the public money. The precautions serve as a 
check upon weak or dishonest officials, while right- 
minded ones welcome them as keeping their good name 
above suspicion. As a type, the precautions taken in 
Minnesota are given, to-wit: 

1. The selection of an honest man for the office, so 
far as possible, is a prime consideration. 

2. The treasurer must give a bond for such amount 
as the count}^ commissioners direct. 

3. He shall pay out money only upon the order of 
proper authority.* This order signed by the payee is 
the treasurer’s receipt or voucher. 

4. He shall keep his books so as to show the 
amount received and paid on account of separate and 
distinct funds or appropriations, which he shall exhibit 
in separate accounts. 

5. The books must be balanced at the close of each 
day. 

6. TYhen any money is paid to the county treasurer, 
excepting that paid on taxes charged on duplicate, the 
treasurer shall give, to the person paying the same, 
duplicate receipts therefor, one of which such persons 
shall forthwith deposit with the county auditor, in order 
that the county treasurer may be charged with the 
amount thereof. 

7. The county auditor, the chairman of the board of 
county commissioners, and the clerk of the district 
court, acting as an auditing board, carefully examine 
at least three times a year the accounts, books and 
vouchers of the county treasurer, and count the money 
in the treasury. 

* Moneys belonging to school district, town, village, or city, are paid on 
the warrant of the county auditor; county money, on the order of the 
county commissioners, signed by the chairman and attested by the 
county auditor; state money, on the draft of the state auditor in favor of 
the state treasurer. 

5 


48 


OOVERmiENT WITHIN THE STATE. 


8. The state examiner makes a similar examination 
at least once a year. No notice is given in either case. 

9. As security against robbers, the money in the 
possession of the count}' treasurer must be deposited on 
or before the first of every month in one or more banks. 
The banks are designated by the auditing board, and 
must give bonds for twice the amount to be deposited. 

Register of Deeds.— Without hope of reward no one 
would work. To encourage frugality, people must be 
reasonably secure in the possession of their savings. 
One of the things for which a person strives is a home. 
Therefore, great care is taken to render a person who 
has bought a home, or other landed property, secure 
in its possession. Among the means employed are 
these: 1. The purchaser is given a written title to 

the land. This is called a deed. 2. In order that 
any person may find out who owns the land, thus 
preventing a person reputed to own it from selling it, 
or the owner from selling to several persons, a copy of 
the deed is made by a competent and responsible public 
officer in a book which is kept for that purpose and 
which is open to public inspection. This is called 
registering the deed, and the officer is called the register 
of deeds.* The register may have assistants, if neces¬ 
sary, he being responsible for their work. 

Judge of Probate.— But not only should a person 
enjoy the fruit of his labors while living, he should 
also be able to feel that at his death his property shall 
descend to his family or others whom he loves. Many 
persons before they die make a written statement, 
telling how they wish their property disposed of. 
This written statement is called a will or testament. 


* Incidentally this officer records other 
bonds, official oaths, etc. 


instruments, such as official 


COUNTY OFFICEBS. 


49 


Some who are possessed of property die without 
making a will. They are said to die intestate. To 
see that the provisions of wills, if any be made, 
are complied with, and, in case no will is made, to 
make sure that the property comes into possession 
of those best entitled to it, is the important and well- 
nigh sacred duty of an officer called the judge of 
probate. If no one is named in the will to look after 
the education and property of minor heirs, the judge of 
probate may appoint a guardian. The appointee must 
give bonds for the faithful discharge of his duty.* 
Incidentally it is made the duty of the judge of pro¬ 
bate to appoint guardians for any persons needing 
them, such as insane persons, spendthrifts, and the 
like. He seems to be the friend of the weak. 

County Surveyor.— To survey all public improve¬ 
ments for the county, such as roads, lands for public 
buildings, &c., there is an officer called the county 
surveyor. He is required to preserve his “field notes” 
in county books furnished for the purpose. Individ¬ 
uals frequently call upon him to settle disputes about 
boundary lines between their estates. 

Superintendent of Schools.— Not every one is com¬ 
petent to teach, and to protect the children as far as 
possible from having their time worse than wasted by 
incompetent would-be teachers, is the very responsible 
duty of the county superintendent of schools. From 
among those who present themselves as candidates he 
selects by a careful examination those whom he deems 
most competent, and gives to each a certificate of 
qualification. He visits the schools and counsels 
with the teachers regarding methods of instruction 
and management. It is his duty also to hold teacher’s 

* See chapter VII. 


50 


GOVEBNMENT WITHIN THE STATE. 


meetings. He reports annually to the state superin¬ 
tendent of public instruction such facts as the super¬ 
intendent calls for. 

County Attorney.— Like railroads and other corpo¬ 
rations, the county keeps a regularly employed attor¬ 
ney to act for it in all suits at law. This officer is 
called the county attorney. He represents the state 
in all criminal prosecutions and is for this reason some¬ 
times called the state’s attorney. 

Sheriff.— An ancient officer of the county is the 
sheriff. He has three principal lines of duty: 1. To 
preserve the peace within the county. 2. To attend 
court. 3. To serve processes. He pursues criminals 
and-commits them to jail. He has charge of the 
county jail and is responsible for the custody of the 
prisoners confined in it. He opens and closes each 
session of the district court, and during the term has 
charge of the witnesses, the juries, and the prisoners. 
It is his duty to carry into execution the sentence of 
the court. He serves w fits and processes not only for 
the district court, but also for justices of the peace 
and court commissioners. 

Coroner.— Another officer of the county, ancient 
almost as the sheriff, is the coroner. If the dead body 
of a human being is found under circumstances which 
warrant the suspicion that the deceased came to his 
death by violence, it is the coroner’s duty to investi¬ 
gate the matter and ascertain if possible the cause of 
the death. He is aided by a juiy summoned by him 
for the purpose. 

At a time in early English history when the only 
county officers were the sheriff and the coroner, the 
coroner acted as sheriff when the latter was for any 
reason incapacitated. And the practice still continues. 



COUNTY OFFICERS. 


51 


Thus, if there is a vacancy in the office of sheriif, the 
coroner acts till a new sheriff is chosen. And inmost 
states the coroner is the only officer who can serve 
process upon the sheriff or who can arrest him. 

Clerk of the Court.— The district court* is a ‘‘court 
of record.” That is, it has a seal and a special officer to 
record its proceedings. He is called the clerk of the 
court. He of course also files and preserves the papers 
in each case. He has also certain incidental duties. 

Court Commissioner.— Court is not always in session, 
and there are certain powers possessed by a judge 
“in chambers,” that is, which the judge may exercise 
out of court. For instance, he may grant a writ of 
attachment or of habeas corpus. Where a judicial 
district comprises several counties, as is usually the 
case, a provision is made in some states for an officer 
in each county authorized to perform such duties in the 
absence of the judge. In Minnesota and most other 
states he is called the court commissioner. 

Election and Term.— The county officers are in most 
sections of the country elected by the people of the 
county. The term is usually two years. 

Removals and Vacancies.— Provision is made for the 
removal of any county officer for non-feasance or mal¬ 
feasance in office. The power to remove is generally 
vested in the governor. The accused must be given 
an opportunity to be “heard in his o\\m defense.” 
Vacancies are generally filled by the county commis¬ 
sioners. They appoint some one, not one of them¬ 
selves, to serve until the next election. 

Qualifying.— Each officer before assuming the duties 
of his office takes the official oath. All of the officers 


*See next chapter. 


r>2 OOVEENMENT WITHIE THE STATE. 

except the commissioners and the superintendent of 
schools are required to give bonds. Copies of these 
bonds are preserved by the register of deeds, and the 
originals are forwarded to the secretary of state. 

Compensation.— Compensation is usually by salary 
or by fees. The matter is usually in the hands of the 
county commissioners, except so far as concerns their 
own compensation, which is fixed by law. This is 
usually diem. 

Eligibility.— Any voter who has resided in the county 
a certain time (usually about thirty days) is eligible to 
any county office, except that of attorney or court 
commissioner. The former must be a person admitted 
to practice in all the courts of the state. The latter 
must be a man “learned in the law.” 

In some cases a person may hold two offices at the 
same time; thus, a person may be court commissioner 
and judge of probate. But no person can hold two 
offices one of which is meant to be a check upon the 
other. For instance, no one could be auditor and 
treasurer at the same time. In some states there is a 
bar against holding certain offices for two terms in 
succession. 


Some Pertinent Questions. 

What is the difference between a town road and a county 
road? Point out one of each kind. If you wanted a change 
in a county road, to whom would you apply? 

Get a warranty deed and fill it out for a supposed sale. Com¬ 
pare with it a mortgage deed. A quitclaim deed Compare a 
mortgage deed with a chattel mortgage Account for the dif¬ 
ferences. If A buys a farm from B and does not file his deed, 
who owns the farm ? 

If a man possessing some property should get into habits of 
gambling and debauchery, squandering his money and not pro¬ 
viding for his family, w^hat could be done? On wdiat grounds 
could this interference by a public officer be justified? 

Who would be keeper of the jail if the sheriff should be 
a prisoner? Why not one of the deputy sheriffs? 


COUNTY OFFICERS. 


53 


Study out carefully the derivation of the words auditor, 
sheriff, coroner, probate, commissioner, supervisor, superin¬ 
tendent. 

The county attorney is usually paid a salary while the regis¬ 
ter of deeds usually gets the fees of his oflice. AYhat seems to 
govern in the matter? Name the salaried officers in this 
county. The officers who are paid fees. 

To whom are school taxes paid? Town taxes? County 
taxes? State taxes? flow much of the money paid at this 
time goes to the United States? 

How does the tax collector know how much to take from 
each person? From whom does he get this book? 

The amount of a person’s tax depends upon the value of his 
property and the rate of tax. How is the former fact ascer¬ 
tained? To whom, then, does the assessor report when he has 
concluded his labors? 

The rate of tax depends upon the amount to be raised and 
the value of the property on which it is to be assessed. Who 
determines how much money shall be raised in a district for 
school purposes during any year? When is this determined? 
Who records the proceedings of the meeting? To whom must 
he report the amount of tax voted? Who determines how 
much money is to be raised in the town for bridges, etc.? 
When? Who records the proceedings of the meeting? To 
whom must he report the amount of tax voted? Who vote 
the taxes in a village? When? Who reports to the computing 
officer? Who vote the taxes in a city? Why not the people? 
When? How reported to the computing officer? Who deter¬ 
mines how much money is to be raised for county purposes? 
When? Who is secretary of the meeting? To whom does he 
report? Who determines how much money shall be raised for 
state purposes ? Hoav does the proper officer become acquainted 
with the facts necessary to the raising of the money? 

State the gist of the matter brought out by the questions in 
the last four paragraphs. 

How does the school district treasurer get the school district 
money? 

Trace a dollar from the time it leaves a farmer’s hand as 
taxes till it reaches the teacher as salary. 

If you had a bill against the county how would you get your 
pay? What could you do if pay were refused? Make out m 
due form a bill against your county. 



54 


GOVEBNMENT WITHIN THE STATE. 


CHAPTER VII. 

Establishing Justice in the County. 

Classes of Cases.— There are three general classes of 
judicial business carried on in the county: probate 
business, civil actions, and criminal prosecutions. 

PROBATE COURTS. 

Jurisdiction.— The principal business and character¬ 
istic work of probate courts is the settlement of the 
estates of deceased persons. Jurisdiction extends in 
most states over both personal property and real 
estate. Incidentally probate courts appoint guardians 
for minors and others subject to guardianship, and 
control the conduct and settle the accounts of such 
appointees. 

In many states jurisdiction wholly extraneous to 
the characteristic work of these courts is imposed 
upon them, or the probate business is associated with 
other jurisdiction in the same court. Thus, in Minne¬ 
sota the judge of probate is petitioned in the organi¬ 
zation of cities, as we have seen. In Wisconsin, the 
county court, which has charge of the probate business, 
has civil jurisdiction also. In Illinois, the county court 
in addition to the probate business has jurisdiction ‘hn 
proceedings for the collection of taxes and assessments.” 
And in Kansas, the probate court has jurisdiction in 
cases of habeas corpus. 

Procedure in case a Will lias been made.— The 
proceedings of a probate court have in view two chief 
objects, namely, to pay the debts of the deceased and to 
distribute the remainder of his property among those 
entitled to it. In case the deceased has left a will, the 
proceedings are as follows*. 


PBOBATE COUBTS. 


55 


1. Petition for jorobate. Within a short time, 
usually thirty days, after the death of the testator, the 
executor or other custodian of the will presents it to 
the probate court with a petition that it be admitted to 
probate. (For form of petition, see p. 286.) 

2. Citation to persons interested. Acting on the 
petition, the probate judge publishes in a newspaper 
a notice to all persons interested in the estate that at 
a specified time, action will be taken on the petition. 
To afford all who are interested an opportunity to be 
present at the ‘ ‘hearing, ” the notice must be published 
for a prescribed time, and in some states each of the 
heirs must, if possible, be personally notified. 

3. Hearing the proofs. At the time specified in 
the notice, unless postponement be granted for cause, 
the proofs of the validity of the will are presented. 
It must be shown that the testator is dead, that the 
instrument was executed by him voluntarily, in the 
manner prescribed by statute, and while he was of 
“sound mind and disposing memory.” Usually it will 
be sufficient for the two witnesses to the instrument to 
appear and testify to the material facts. If any one 
interested in the distribution of the property thinks 
that this will should not be accepted as the ‘ ‘last will 
and testament” of the deceased, he should now enter 
objections. In case of a contest, the proceedings are 
about the same as those in a justice or circuit court; 
but there is no jury in the probate court, nor is there 
any plea except the petition. 

4. Admission to probate. If the proofs are satis¬ 
factory to the court, the will is “admitted to probate,” 
that is, it is accepted as true and valid. Its validity is 
established by a decree of the court, and a certificate 


56 


GOVEBNMENT WITHIN THE STATE. 


of the fact is attached to the will. A copy of the will 
is made in a hook kept for the purpose. The original 
and all the papers in the case are filed and preserved by 
the judge of probate. (See pp. 287 and 288.) 

5. Issuance of letters testamentary. The genuine¬ 
ness of the will being established, it is now in order to 
carry out its provisions. Usually the testator desig¬ 
nates in his will the person or persons whom he wishes 
to act as his representative in the settlement of the 
estate. Such a person is called an “executor.” If no 
person is so named, the court appoints an “adminis¬ 
trator with the will annexed. ” In either case the per¬ 
son derives his authority from the court. Unless ex¬ 
cused in the will, the executor or administrator is 
required to give bonds proportioned to the amount of 
the personal property in the estate, the amount of 
Ijond being specified by the court. The executor is 
then furnished with a copy of the will and with 
“ letters testamentary.” (The authority granted by the 
letters may be seen by reference to the form in the 
appendix, p. 288.) 

6. Notice to creditors. It is a principle of law that 
all just debts shall be paid out of one’s property 
before any further disposition thereof can take effect. 
In order that all persons having claims against the 
estate of the deceased may have an opportunity to 
present their accounts, a time for such presentation is 
designated by the court, and due notice thereof is 
given, usually by publication in a newspaper. 

7. Inventory of the estate. In the meantime, the 
executor makes an inventory of the property, and 
appraisers appointed for the purpose “put a value” 
thereon, the several items of the inventory being valued 
separately. 


PBOBATE C0UET8. 


57 

8. Auditing claims. At the time appointed in the 
notice, the court passes upon the claims of creditors. 
Since unscrupulous persons are at such times tempted 
to present fraudulent claims, the judge exercises great 
care in examining the accounts. To facilitate matters 
it is required that accounts be itemized, and that they 
be verified by oath. 

Debts are paid out of the personal property, if there 
be enough. If not, the court authorizes the executor 
to sell real estate to pay the balance. 

9. Settlement of estate and division of property. 
The executor having collected debts due the estate 
and settled all claims against it, makes his final state¬ 
ment to the court, and the remaining property is dis¬ 
tributed among the heirs and legatees. To continue 
and perfect the chain of title, the division of the real 
estate is recorded in the office of the register of deeds. 

If there are minor heirs, the court appoints guard¬ 
ians for them. 

Procedure in case no Will is made.— If there is no 
will, the four steps which have in view the establish¬ 
ment of the validity of the will, are unnecessary. The 
initial step in this case is the appointment of an ad¬ 
ministrator to do the work which under a will is done 
by the executor. In order that an administrator 
acceptable to the heirs may be appointed, the follow¬ 
ing steps are taken: 

1. Some one interested in the estate petitions for 
the appointment of a certain person as administrator. 

2. Notice of hearing is given by publication, citing 
those interested in the estate to appear at a certain 
day if they desire to enter any objection to the ap. 
pointment. 


58 GOVERNMENT WITHIN THE STATE. 

3. If at the time specified for the hearing no ob¬ 
jection is made, the person petitioned for is appointed 
administrator, and ‘‘letters of administration” are 
issued to him. 

Then beginning with the sixth step the proceedings 
are substantially the same as in case of a will, excejd 
that the basis of distribution in the ninth is the law in¬ 
stead of the will. 

“As befits an authority which thus pervades the 
sanctity of a household, crosses the threshold and 
exposes to public view the chamber of mourning, pro¬ 
bate jurisdiction in the United States is exercised with 
great simplicity of form as well as decorum.* 


Some Pertinent Questions. 

What is a will?t Why must it be in writing? Must it be 
in the handwriting of the testator? AYhy are the witnesses 
essential? Is the form of a will essential? Is it necessary that 
the witnesses know the contents of the will? 

AVhat is the difference between an heir and a legatee ? May 
eitlier be witness to the will? Why? If the witnesses die 
before the testator, how can the will be proved? 

What is a codicil? If there be two wills of different dates, 
which will stand? AVhat difference does it make whether a 
person having property makes a will or not? 

Group the proceedings in case of a will into three groups. 

A minor may have two guardians, one of its person and the 
other of its property? Why? What is to hinder a guardian 
from abusing his trust? 


DISTRICT, CIRCUIT OR SUPERIOR COURTS. 

Jurisdiction.— This court has original jurisdiction in 
all civil and criminal cases within the district which do 
not come within the jurisdiction of the justice courts. 
It has appellate jurisdiction from probate and justice 
courts as provided by law. 


*Schouler’s Executors and Administrators. 
fSee Dole’s Talks about Law. 




niSTBICT, CIBCUIT OR SUPERIOR COURTS. 59 


Procedure.— The proceedings are substantially the 
same as in a justice court except that in criminal 
cases they are based upon an indictment by the grand 
jury, and after the arguments the judge “ charges ” the 
jury, that is, instructs it regarding its duty. 

Pleadings.— The pleadings in the district court are 
somewhat more elaborate than in a justice court, and a 
few words in regard to them further than what has 
already been given may not be out of place here. 

The defendant in making his plea may raise a ques¬ 
tion as to the jurisdiction of the court, or he may ask 
that the case be thrown out of court on account of 
some irregularity of the writ upon which it is based. 
Since these pleas, if successful, simply delay the trial, 
because a new suit may afterwards be brought, they 
are called dilatory pleas. 

But he may deny the plaintiff’s ground of action by 
denying the allegations of the plaintiff and challenging 
him to trial. This plea is called the general issue. 
He may admit the plaintiff’s allegations but plead 
other facts “to avoid their effect.” This is called the 
plea of confession and avoidance. These pleas are on 
the merits of the case, and are called pleas in har. 
There are other pleas of this kind. 

“Pleas in bar, except the general issue, may give 
rise to counter pleas” introduced by the parties alter¬ 
nately. 

But the issue may be one of law instead of fact, and 
the defendant may enter a demurrer.^ claiming that the 
matters alleged are not sufficient in law to sustain the 
action. 

Evidence.— Some of the fundamental principles or 
rules which govern the taking of evidence and the 
weighing of testimony may properly appear here. 


60 


GOVEBmiENT WITHIN THE STATE. 


These rules are designed to exclude all irrelevant matter 
and to secure the best proof that can be had. 

1. Witnesses must he competent. That is, in general, 
they must be able to understand the nature and 
solemnity of an oath. This will usually exclude 
children below a certain age, insane persons and per¬ 
sons drunk at the time of offering testimony. 

2. Witnesses must testify of their ovm hncnoledge.^ 
Usually they are barred from telling what they simply 
Mieve to be the fact or what they have learned from 
hearsay. 

3. Evidence must go to prove the material allegations 
of the pleadings. It must be confined to the question 
at issue. It is to be ol)served that the evidence must 
not only go to prove the matter alleged, but it must 
be the material not the superfluous matter. What is 
material and what superfluous will depend upon the 
case. Thus if it is alleged that a suit of clothes w^as 
obtained by the defendant at a certain time, his obtain¬ 
ing the clothes is the material fact and the time may be 
superfluous or immaterial. But if a note is in contro¬ 
versy its date is material as establishing its identity. 

4. ‘'^The evidence must he the best of which the case is 
susceptihle.''^ Thus, in case of a written instrument the 
best evidence is the instrument itself; the next best, a 
copy of it; the next, oral statement of its contents. 
And a copy will not be accepted if the original can be 
produced. 

5. The burden of proof lies on the affirmative. In 
civil cases the party affirming is usually the plaintiff. 
In criminal cases it is the state. Harmonizing with this 
principle is the constitutional provision that in criminal 
cases the accused shall not be required to give evidence 
against himself. 


GBAND JURY. 


61 


These are the principal rules of evidence, but they 
have many applications. Learned volumes have been 
written elaborating them. 

Grand Jury.— A grand jury may be defined as a body 
of men returned at stated periods from the citizens of 
the county, before a court of competent jurisdiction, 
chosen by lot, and sworn to inquire of public offenses 
committed or triable in the county. 

The number of grand jurors was formerly twenty- 
three. By statute many of the states have fixed upon 
a smaller number, Oregon having only seven. A com¬ 
mon number is fifteen. Some states have no grand 
jury. In some others the grand jury is summoned only 
when requested by the court. 

The United States constitution and most of the State 
constitutions declare that no person shall be held to 
answer for a criminal offense, except a minor one, 
“unless on the presentment or indictment of a grand 
jury.” This is to save people from the vexation and 
expense of arrest and trial unless there is reasonable 
presumption of their guilt. On the other hand, a 
grand jury should aid in bringing to justice persons 
jvho indulge in practices subversive of public peace, 
but which individuals are disinclined to prosecute, such 
as gambling. Incidentally the grand jury examines 
into the condition of the county jail and poor-house. 

The mode of selecting grand jurors is in general the 
same in all the states. The steps are three: first, the 
careful preparation of a list of persons in the county 
qualified to serve; second, the selection, by lot, from 
this list of the number of persons needed; third, the 
summoning of the persons so chosen. The number of 
persons in the first list is from two to three times the 
number of jurors. The preparation of the list is in 


62 


GOVERNMENT WITHIN THE STATE. 


some states entrusted to the county board; in others, to 
jury commissioners; in others, to the local boards. 
The names are reported to the clerk of the court, who 
in the presence of witnesses, makes the selection by lot. 
The summoning is done by the sheriff. 

On the first day of the term, the court appoints one 
of the jurors foreman. The jury is then sworn, and, 
after being charged by the court, retires to a private 
room and proceeds to the performance of its duty. 

The deliberations of the grand jury are conducted in 
secret. It may, however, summon and examine wit¬ 
nesses,* and may have the advice of the court or of the 
county attorney. 

The fact that a crime has been committed within the 
county may be brought to the notice of the grand jury 
by any member thereof or by any other person. If 
upon examination there seems to be reason for believing 
that it was committed by the person accused, the county 
attorney is called upon to frame a formal accusation 
against him, called an indictment.^ which is endorsed with 
the words “ a true bill,” and sent to the court. Upon 
the indictment the person accused is arrested and tried. 

If the evidence against the accused is insufficient to 
warrant indictment, but yet his innocence is question¬ 
able, the grand jury may bring presentment against him. 
This is an informal statement in writing addressed to 
the court setting forth the offense and stating that there 
is a reasonable probability that a certain person, named, 
has committed it. A person arrested on a presentment 
is examined before a justice of the peace or other 
magistrate, as if arrested on a complaint. Neither an 
indictment nor a presentment can issue except upon 

* Witnesses for the accused are not usually examined by the grand 
jury. 


PETIT JURY. 


03 


concurrence of the number of grand jurors specified by 
statute. Under former practice the jury numbered twen¬ 
ty-three and the concurrence of twelve was necessary. 

Tlie grand jury is bound to investigate the charge 
against any one held by a justice “ to aAvait the action 
of the grand jury ; ” also any charge brought by a mem¬ 
ber of the grand jury. And conversely it is the sworn 
duty of each member to report any crime known by him 
to have been committed Avithin the county. Any out¬ 
sider may file information or bring charges, but the 
grand jury may use its own judgment as to the necessity 
of investigating them. 

Petit Jury.— A petit jury is a body of twelve men 
impaneled and SAvorn in a district court to try and 
determine by a true and unanimous verdict, any ques¬ 
tion or issue of fact, in any civil or criminal action or 
proceeding, according to laAv and the cAudence as given 
them in court. 

The mode of selecting petit jurors is in general the 
same as that pursued in selecting grand jurors. The 
“list of persons qualified to serve” is, however, usually 
larger. The “selection by lot” is made thus: slips of 
paper, each containing one of the names, are folded and 
deposited in a box. The ])ox is shaken, and the pre¬ 
scribed number of slips is draAvn. The persons whose 
names tlius appear are summoned as jurors. 

When an action is called for trial by jury, the clerk 
(IraAVsfrom the jury box the ballots containing the names 
of the jurors, “until the jury is completed or the ballots 
exhausted.” If necessary, the shcrifi' under direction of 
the court summons bystanders or others in the county 
to complete the jury. Such persons are called talesmen. 

To secure an impartial jury, each party may object to 
or “challenge,” a number of the jurors. The challenge 


64 


QOVEBNMENT WITHIN THE STATE. 


may be “peremptory” or “for cause.” The peremptory 
challenge, as its name implies, is one in which no reason 
need be assigned. The number of such challenges must, 
of course, be limited. In civil suits it is usually limited 
to three by each party. In criminal cases, the state has 
usually two peremptory challenges and the defendant 
five. If the offense is punishable with death or state 
prison for life, the state has in Minnesota seven peremp¬ 
tory challenges and the defendant twenty. 

Challenges for cause may be either general or particu¬ 
lar. A general challenge of a proposed juror may be 
made on the basis of his incompetency or unworthiness 
to act in such capacity in any action. A particular 
challenge may be based on some bias in this particular 
case which would unfit the proposed juror for rendering 
an impartial verdict. 

Habeas Corpus.— Not connected directly with trials 
but related to the district court is the writ of habeas cor¬ 
pus. This is the most famous writ in law, and has been 
styled “the chief bulwark of liberty.” It was designed 
originally to secure a person from being detained in 
prison without due process of law, and it served as a 
mighty check upon arbitrary power. Its operation has 
been extended so as to include any detention against the 
will of the person detained. The writ, as will be seen by 
reference to the appendix (p. 290), commands the per¬ 
son holding another in custody to bring him before the 
judge and show cause for the detention. If the judge 
finds that the prisoner is detained for cause he remands 
him to custody; if not he orders his discharge. 

Concluding Remarks.— This discussion might easily 
be continued. Volumes have been written on the ad¬ 
ministration of justice. But perhaps enough has been 
given to show that great care is taken to protect the 


COVETS—CONCLUDING REMAEKS. 


65 


interests of the innocent and to do equal and exact jus¬ 
tice to all. In view of flippant remarks sometimes 
made regarding courts of justice, it is pertirent and 
proper to go at least so far into detail. The study of 
Civil Government will have been pursued to little pur¬ 
pose if respect for law be not one of its fruits. 


Some Pertinent Questions 

How manj^ judicial districts in this state ?* How many 
counties in the largest? In the smallest? IIow many have 
more than one judge? Why not let each county constitute a 
judicial district? 

If some one owed you $40 and refused to pay, in what court 
could you sue? If he owed you $250? If the suit involved 
$1,000,000? 

What is the relation of the plea to the action ? Can anything 
be proved which is not alleged in the plea? Show the purpose 
of each rule of pleading. Of each rule of evidence. 

AVhat are the diiferences between a grand jury and a petit 
jury? Why is each so named? 

If a person accused of crime is examined and held by a jus¬ 
tice of the peace, as stated in a previous chapter, must he be 
indicted by a grand jury before he can be tried? Why? May 
a person’s acts be inquired into by the grand jury without his 
knowing anything about it? May grand jurors reveal the 
proceedings of the jury? Why? 

Why is there such a thing as a ])eremptory challenge of a 
juror? Why so many given to a person accused of crime? 

Are lawyers oflicers of the court? What oath does each take 
on admission to the bar? 

Questions for Dehate. 

Resolved, That trial by jury has oulived its usefulness. 

Resolved, That capital punishment is not justifiable. 

Eeferences.—Dole^s Talks about Law; Lieber’s Civil Liberty 
and Self Government, 234-6; The Century, November 1882; 
Atlantic Monthly, July 1881; North American Review, March 
1882 and July 1884. 


* Consult Legislative Manual. 



PAPERS. 

Required of all students. 

Prepare with care “tabular views” of the town, village, city and county, as follows: 

ORGANIZATION. 


66 


GOVEBNMENT WITHIN THE STATE. 


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mSTOlUGAL. 


67 


CHAPTER YIIL 
Historical. 

01(1 Kngland.—Not only our language but also very 
many of our political institutions we have inherited from 
England. But the country now called by that name is 
not the real old England. The fatherland of the English 
race is the isthmus in the northern part of Germany 
which we now call Schleswig. Here dwelt the old Angles 
or English. To the north of them in Jutland was the 
tribe called the Jutes, and to the south of them, in what 
we now call Holstein and Friesland, dwelt the Saxons. 
‘‘How close was the union of these tribes was shown by 
their use of a common name, while the choice of this 
name points out the tribe which at the moment when Ave 
first meet them, in the fifth century, must have been the 
most poAverful in the confederacy. ”* Among themselves 
they bore in common the name of Englishmen. 

Among the characteristics of those German ancestors 
of ours are the folloAving: They were very independent; 
the free landholder was “the free-necked man.” The 
ties of kinship Avere very strong. ‘ ^Each kinsman was his 
kinsman’s keeper, bound to protect him from Avrong, 
to hinder him from Avrong-doing, and to sufl’er with and 
pay for him if Avrong were done. ”* They Averc very much 
attached to home. “Land with the German race seems 
everyAvherc to have been the accompaniment of full free¬ 
dom. * * * The landless man ceased for all practical 
purposes to bo free, though he was no man’s slave.”* 
Among themselves they Avere quite social. Though 
tillers of the soil they lived, not isolated, but grouped 
together in small villages. This may have been partly for 
mutual protection. They Avere lovers of hiAV and order. 

* Green’s History of the English People. 


68 


GOVEBNMENT WITHIN THE STATE. 


The Township.*— The derivation of the word “town¬ 
ship” shows us to whom we are indebted for the institu¬ 
tion itself. The word is derived from the Anglo-Saxon 
tun-scipe. Tun meant hedge, ditch or defense; and scipe., 
which we have also in landscape, mcimi what may he seen. 
Around the village before mentioned was the tun.^ and 
beyond were the fields and meadows and woodlands, the 
whole forming the tun-scipe or township. 

To administer justice and to take any other action for 
the common good, the freemen gathered m folJc-moot 
around the moot hill or the sacred tree. 

Though the proceedings of these assemblies differed in 
detail from those of our town meetings, both contain the 
great principle of local self government. 

Tlie County.*— Although with us the state is divided 
into counties and the counties into towns, the order of 
formation was originally the other way. The towns are 
the oldest institutions in our system. Later, from 
uniting forces in war came a union of action among 
adjoining towns during peace. Thus grew up what was 
called the Hundred. 

When in the fifth century the English invaded Brit¬ 
ain, many of the chieftains or military leaders rose to 
kingship over small areas. On the completion of the 
conquest these kings struggled among themselves for 
leadership, until finally England became united into one 
kingdom, and the little kingdoms were reduced to shires 
ruled by earls. With the growth of the king’s power, 
that of the underkings or earls grew less. Then 
other shires were formed, and this institution became 
simply an administrative division. ^ After the Norman 
conquest the French terms count and county came 
into use. 

* See American Political Ideas, pp. 31-63. 


HISTOBICAL. 


69 


The earnest student will find both pleasure and profit 
in looking up the origin and history of the trial by jury, 
the criminal warrant, the writ of habeas corpus, bail, 
common law, the general rules of parliamentary practice, 
etc. 

Town and County in America.— In New England the 
most important division of the state is the town; in the 
South it is the county.* In other states the relative 
importance of the two organizations depends upon the 
influence to which the state was most strongly subjected. 

The reason for the difference is found in the character 
and circumstances of the early colonists. 

In New England, the church was the center of the 
community. The severity of the climate and the charac¬ 
ter of the soil made it impracticable to cultivate large 
farms. The colonists had come mainly from the towns 
of England. These considerations and the presence of 
fierce and unfriendly Indians caused the settlers to group 
themselves into compact settlements. Their self asser¬ 
tion prompted them, and their intelligence enabled 
them, to take active part in public affairs. Hence the 
importance of the town in New England. 

In the South, the colonies were planted largely in the 
interests of the proprietaries. The leading spirits had 
been county gentlemen in England and they naturally 
favored the county system. The mass of the people were 
unaccustomed and indifferent to direct participation in the 
government. Again, the warm climate and fertile lands 
were favorable to large plantations and a dispersed popu¬ 
lation; so that the character of the people and the circum¬ 
stances under which they lived were alike favorable to 
the establishment of the county system pure and simple. 

*An excellent discussion of this may be found in “Samuel Adams, the 
Man of the Town Meeting,” John s Hopkins University Studies in His¬ 
tory, Volume ir, Number 4, 


70 GOVERNMENT WITHIN THE STATE. 

To quote the pithy statement of Professor Macy, ‘The 
southern county was a modified English shire, with the 
towns left out. Local government in New England was 
made up of English towns with the shire left out.” 

Subsequently counties were formed in New England 
for judicial purposes, but the towns retained the greater 
number of their functions; and in the south, the coun¬ 
ties were afterwards subdivided into election and police 
districts, but the administrative power remained with the 
county. 

The Middle States divided the local power between the 
town and the county. 

Migration is chiefly along the parallels of latitude. 
And people from habit and instinct organize new govern¬ 
ments largely on the plans to which they are accustomed. 
Hence we are not surprised to find that in the states 
formed south of the line of the Ohio, the county is the 
principal division; while in the northwestern states the 
town is the important factor. Though in the Northwest 
the county is more important than in New England, the 
influence of the towns in county affairs is generally 
maintained by the selection of members of the county 
board from the several towns. 

Illinois is a good example of the truth of the general¬ 
izations at the beginning of the preceding paragraph. 
The state is very long and reaches far to the south. The 
southern part of the state was settled first, and almost 
pure county government prevailed. By and by the 
northern part began to settle, and it grew in population 
faster than the southern part. The town was introduced, 
and now prevails in all but a few counties. 

Can you see tlie relation of these facts to the generalization ? 
Can you tell where the people of the two sections of the state 
came from? 


Part II. 

THE STATE 


CHAPTER IX 

Why W^ e Have States. 

1. Historical reason. We have states now because 
we had such organizations at the time this government 
was established. The colonies, founded at different 
times, under different auspices, by people differing in 
religion, politics, and material interests, remained largely 
independent of each other during colonial times, and on 
separating from England became independent states. 

2. Geographical reason. Different climatic and to¬ 
pographic conditions give rise to different industries, 
and therefore necessitate different regulations or laws. 

3. Theoretical reason. The theory of our govern¬ 
ment is that of decentralization of power.* That is, we 
think it best to keep power as near as possible to the 
people. If a certain wmrk can he accomplished fairly by 
individual enterprise, we prefer that it he done so rather 
than through any governmental agency. If work can ])c 
done by the town just as well as by the county, we assign 
it to the town. And as between the state and the general 
government, we assign no duty to the latter which can 
be performed as well by the former. 

4. Practical reasons. There are man}^ practical rea¬ 
sons. Among them may be mentioned the following: 

*There being a constant tendency to centralization, this thought should 
be emphasized. See Nordhoff’s Politics for Young Americans. (71j 

7 



72 


THE STATE. 


We need the state as a basis for the apportionment of 
members of congress. This is a federal republic, and 
representation in the national councils can be had only 
through statehood. 

We need the state to establish a system of education, 
to control corporations, to put down riots when the local* 
authorities cannot do so, to establish the smaller organ¬ 
izations, etc. These are some of the things referred to 
in paragraph three, which the state can do better than 
the general government. 

There is in the state also a high court of justice to 
which cases may be appealed from the courts below. 

How States are Created. 

The ‘‘old thirteen” originated in revolution. They 
declared “free and independent states,” and 

maintained the declaration by force of arms. Each 
became a state “in the Union” by ratifying the con¬ 
stitution. Under the constitution states have been ad¬ 
mitted into the Union on terms prescribed by congress. 
The plan in general is as follows: 

1. When the number of people in a territory equals 
or nearly equals the number required to secure a repre¬ 
sentative in congress, the inhabitants thereof may peti¬ 
tion congress, through their delegate, for an act author¬ 
izing the formation of a state government. 

2. If the petition is granted, an “enabling act” is 
passed. This usually defines the territory to be com¬ 
prised in the new state, provides for the calling of a con¬ 
stitutional convention, requires that the state government 
to be framed shall be republican in form, states the num¬ 
ber of representatives in congress which the state shall 
have until the next census, and offers a number of propo¬ 
sitions for acceptance or rejection by the convention. 


mW STATES ABE CBEATED. Y3 

Among these are proposals giving land for the support 
of common schools and of a university, and for the 
erection of public buildings; and offering a portion of 
the net proceeds of the sale of public lands within the 
state for internal improvements. These offers are con¬ 
ditioned upon non-interference on the part of the state 
with the holding and selling by the United States of the 
lands within the state owned by the general government, 
and their exemption from taxation. The enabling act 
for Minnesota is given in the appendix, pp. 355-8. It 
is in a large measure typical. Students in most of the 
states can find the enabling act for their state in the 
legislative manual thereof. 

Michigan, Kansas and Oregon formed their constitu¬ 
tions without an enabling act. 

3. The constitutional convention provided for in the 
enabling act, having ascertained that it is the wish of the 
people to form a state, frames a constitution and submits 
it to the people of the proposed state for adoption. 

4. If it is adopted,* copies of the constitution are 
sent to the president and to each house of congress. 

5- If the constitution framed is in accordance with 
our institutions, it is accepted and the state is admitted.! 

Kentucky, West Virginia, Maine, California and 
Texas became states in the Union without having been 
territories. The first two were detached from Virginia, 
and the third from Massachusetts, and admitted at once 
as states. California and Texas had been independent 
states before admission. 

As typical of the mode of restoring the southern 
states to their old place in the Union, the act restoring 
Tennessee is given on page 358. 

* Wisconsin rejected the constitution of 1846, and New York that of 1867. 

t The acts of congress of 1866 and 1867, admitting Colorado, were both 
vetoed by president Andrew Johnson, 


74 


THE STATE. 


CHAPTER X. 

State Constitutions. 

Their purpose.— A constitution in the American sense 
of the term is a written instrument defining the powers 
of government and distributing those powers among the 
branches or departments thereof. It is the fundamen¬ 
tal law, the voice of the people granting or withholding 
power. A primary purpose of the instrument is to give 
form and authority to the government; another is to 
]irotect individuals and minorities from the tyranny of 
the majority. Each of the states has a constitution. 

Their origin.— In most of the countries of Europe, 
including England, what is called the constitution is not 
written. It consists largely of the maxims of exper¬ 
ience, the principles sanctioned by custom. When a 
new political custom becomes prevalent it gradually 
becomes recognized as part of the constitution. 

Written constitutions in this country probably arose 
from the fact that the charters granted to the colonies 
and securing to them privileges, were in writing. And 
these written charters themselves grew out of a practice 
prevalent in England of securing the rights of towns and 
cities by written charters wrung from the king. Some 
general charters of liberties, too, had been secured. 
Among these may be mentioned the charter granted ])y 
Henry I. in 1100; the Magna Charta, or great charter, 
wrung from King John in 1215; and the Petition of 
Right, the Habeas Corpus Act, and the Bill of Rights, 
secured in the seventeenth century. 

Some of the charters granted to colonies were so 
liberal in their terms that they were adopted as con¬ 
stitutions when the colonies became states. The charter 
of Connecticut remained its constitution till 1818. And 


STATE CONSTITUTIONS 


75 


even in 1842 it was with difficulty that the people of 
Rhode Island could be prevailed upon to give up the 
old charter for a new constitution. 

Their Contents.— The state constitutions are very 
much alike in their general characteristics. After a 
preamble, setting forth the purpose of the instrument, 
they usually contain a bill of rights, intended to secure 
personal liberty and other personal rights. They then 
distribute the powers of government among three 
branches or departments, and provide for the organiza¬ 
tion and general procedure of each. Then follow mis¬ 
cellaneous provisions, relating to franchise, education, 
amendments, etc. 

Their usual defects.— We have flourished so wonder¬ 
fully under our system of government that we naturally 
have a great reverence for our national and state con¬ 
stitutions. So far has this feeling gone that a large 
number of people seem to fancy that there is some 
magic in the very word constitution. As a conse¬ 
quence state constitutions are usually too long; they 
contain too many miscellaneous provisions. Most of 
these relate to transient or petty matters which, if made 
affairs for public action at all, should be left to legisla¬ 
tion. Changes m the constitution weaken our respect 
for it. Rarely should anything go into that great 
charter which has not stood the test of time, unless it 
has the promise of endurance as a necessary safeguard 
of the rights and liberties of the people. 

Bills of Rights. 

These usually assert or guarantee the following: 

Republican Principles.-That governments are histi- 
tuted by the people and for their benefft; that all persons 


76 


THE STATE. 


are equal before the law; that no title of nobility shall 
be granted. 

Freedom of Conscience. —That there shall be perfect 
religious freedom, not, however, covering immoral 
practices; that there shall be no established or state 
church; that no religious test shall be required for the 
performance of any public function. 

Freedom of Speech.— That any one may freely think, 
and publish his opinions, on any subject, being respon¬ 
sible for the abuse of this right. 

Freedom of Assemhly.— That the people may peace¬ 
ably assemble to discuss matters of public interest and 
to petition the government for redress of grievances. 
This, of course, does not permit meetings designed to 
arrange for the commission of crime. 

Freedom of Person.— That there shall be no slavery; 
nor imprisonment for debt, except in cases of fraud; nor 
unwarranted searches or seizures of persons or property; 
that no general warrants shall be issued; that the writ of 
habeas corpus shall not be suspended, except in certain 
emeigencies; that persons may freely move from place 
to place. 

Security of Property.— That private property shall 
not be taken for public use without ]ust compensation 
therefor, previously paid or secured; that to prevent 
feudal tenure of land, long leases of agricultural land 
shall not be made, in most states the longest permitted 
term being tweirCy-one years. 

Right to bear Arms.— That the right of the people to 
keep and bear arms shall not be infringed. 

Freedom from Military Tyranny.— That the military 
shall be in strict subordination to the civil power; that 
there shall be no standing army in time of peace; nor 


BILLS OF RIGHTS. 

shall any soldier in time of peace be quartered in private 
houses without the consent of the owner. 

Forbidden LawKS.— That no ex post facto law, no law 
impairing the obligation of contracts, nor any bill of 
attainder shall be passed; that there shall be no special 
laws in certain specified cases. 

Rights of Accused Persons.— (a) Before trial. That 
no unwarranted searches or seizures shall be made; that, 
except in capital offenses, the accused shall, while await¬ 
ing trial, be bailable; that, except in minor cases, a per¬ 
son shall not be held to answer for a criminal oflfcnse 
unless on the presentment or indictment of a grand jury, 
(b) On trial. That the accused person shall have a, 
speedy and public trial in the district where the crime 
was committed; that trial by jury shall remain inviolable; 
that the accused shall be informed of the nature of the 
charge against him; that he shall be confronted with the 
witnesses against him; that he may be heard in his own 
defense and shall have the benefit of counsel in his 
behalf; that he shall not be required to witness against 
himself; that he shall have compulsory process to com¬ 
pel the attendance of witnesses in his behalf; that he 
shall not be deprived of life, liberty or property without 
due process of law (c) After trial. That no cruel or 
unusual punishment shall be inflicted; that no one shall 
twice be placed in jeopardy for the same offense. 

Rights not enumerated.— There is usually a final 
statement that the enumeration of the above rights shall 
not be construed to deny or impair others inherent in 
the people. 


Comments on the Above. 

The rights above enumerated are among those which 
to us in America to-day seem almost matters of course. 


THE STATE. 


78 

it seems strange that any one ever seriously questioned 
the fairness or the justice of the claims there set forth, 
lint in enumerating them we are treading on sacred 
o-round. Their establishment cost our ancestors him- 
dreds of years of struggle against arbitrary power, in 
which they gave freely of their blood and treasure. 

Many of these rights are guaranteed in the constitu¬ 
tion of the United States, but only as against the gen¬ 
eral government. That they may not be invaded by the 
state government, the people have reserved them in the 
state constitutions. 

Pertine7it Questions. 

In what sense are all naen created equal? Is there anything 
in good blood? What was meant by the “divine right” of 
kings to rule? 

Could a Mormon practice polygamy in this state, it being 
part of his religious creedV Why? Can an atheist give evi¬ 
dence in court? 

AVhat constitutes libel? Slander? 

On what basis may a mob be dispersed? What cases of 
petition have you known? 

What is a general warrant? A passport? Why may 7ia6eas 
corpus be suspended in time of war. 

Give instances of private property taken for public use. 
What is meant by feudal tenure? How long a lease of agricul¬ 
tural lauds may be given in this state? Ilow about business 
property in a city ? 

May a person lawfully carry a revolver in his pocket? Why? 

What is meant by the military being subordinate to the civil 
power? Which outranks, the secretary of war or the general 
of the army? AVhy should the statement be made about quar¬ 
tering soldiers, in view of the preceding statement? 

What is meant by an ex post facto law? AVhy forbidden? 
May a law be passed legalizing an act which was performed as 
a matter of necessity but without authority? 

AVhat is to hinder an enemy of yours from having you 
arrested and cast into prison and kept there a long time? 
AVhat is the purpose of bail? AA'liy regarded as an important 
element of liberty? Why should a grand jury have to indict 
a person who has been examined and held for trial by a justice 
of the peace? Hoes a prisoner charged with murder or other 
high crime remain in handcuffs during his trial? Name the 
three or four most important guarantees to an accused person. 
Why are so many provisions made in his behalf? 


BRANCHES OF GOVERNMENT Y9 

If a ruler should wish to subvert the liberties of a people 
used to these guarantees, where would lie begin? 

What are some of the advantages possessed by a written 
constitution over an unwritten one? Of an unwritten over a 
written one? Is any part of our constitution unwritten? 


CHAPTEK XI. 

Branches of Government. 

IJegrulations and Laws.— When the school officers, 
acting for the people of the district, state formally 
what may and what may not be done by teachers and 
pupils, the formal expressions of governing will are 
called rules and regulations. Similar expressions by 
the town, village, city, or county authorities are called 
ordinances or by-laws. But when the state expresses 
its will through the regular channels, the formal ex¬ 
pression is called a law. 

The Three Branches of Government. —After a law 
is made it needs to be carried into effect. Incidentally 
questions will come up as to its meaning and applica¬ 
tion. Government, then, has three great functions or 
]R)wers with regard to law. 

In our government, and to a greater or less extent 
in all free countries, these powers are vested in three 
dlstmct sets of persons. If one person or group of 
persons could make the laws, interpret them, and 
enforce obedience to them as interpreted, the poweL 
of such person or persons would be unlimited, and un¬ 
limited power begets tyranny. One of the purposes 
of a constitution is to limit the power of the govern¬ 
ment within its proper sphere, and to prevent misuse 
of authority; and this organization of the government 
in three departments, each acting independently so far 



80 


‘ TH^] STATR 


as may be, and acting as a check upon the others, is one 
of the modes of limitation. 

The law-making, the law-interpreting, and the law- 
enforcing branches are called respectively the legisla¬ 
tive, the judicial, and the executive branches. 


CHAPTEK XII. 

The Legislative Beanch. 

Bicameral System.— The legislature of every state 
consists of two chambers or houses. The reason for this 
is that during eolonial times most of the legislatures 
consisted of two houses, the governor’s council and the 
representative assembly. Then on becoming states, 
each of the ‘ ‘old thirteen, ” except Pennsylvania, organ¬ 
ized bicameral legislatures. And the new states, being 
largely settled by people from the older states, naturally 
followed their example. The structure of congress has 
also had much influence. 

The advantages to be derived from having two houses 
are numerous. Perhaps the only one which it is neces¬ 
sary to mention here is that it tends to prevent hasty 
legislation, because under this arrangement a bill must 
be considered at least twice before passage. 

Apportionment.— As the population of a state is 
changeful, the constitution does not usually specify the 
number of members to compose each house. This is de¬ 
termined, within certain limitations imposed in the con¬ 
stitution, by the legislature itself. A re-apportionment 
is usually made every five years, after a census by the 
state or general government. The number of senators 
usually ranges between thirty and fifty; that of repre¬ 
sentatives from seventy-five to one hundred and fifty. 



THE LEGISLATIVE BHANGH. 


81 


Meeting.—The legislature meets biennially in most 
of the states. People are beginning to understand 
that they may suffer from an excess of legislation. 
Some of the English kings used to try to run the gov¬ 
ernment Avithout parliament, and frequent sessions of 
parliament Avere then demanded as a protection to 
popular rights. Hence our forefathers instinctively 
favored frequent sessions of the legislature. But such 
necessity no longer exists, and for many reasons the 
states have Avith a fcAV exceptions changed from annual 
to biennial sessions.* 

Election.— Senators and representatives are both 
elected by the people. In some cases the states are 
divided into senatorial and representative districts in 
such a Avay that each elects one senator and one repre¬ 
sentative, the senate districts being of course the 
larger. In other cases, the state is divided into senate 
districts only, and each senate district chooses one 
senator and an assigned number of representatives. 
The former plan prevails in Wisconsin, for instance, 
and the latter in Minnesota. The number of repre¬ 
sentatives chosen in a senatorial district varies from 
one to half a dozen, dependent upon population. 
Illinois has a peculiar, and it Avould seem an excellent, 
plan. The state is divided on the basis of population 
into fifty-one parts as nearly equal as possible. Each 
of these districts elects one senator and three represen- 
tatiA^es. In voting for representatives, a person may 
mass his three votes on one candidate, or give them to 
tAvo or three. The purpose is to enable a party in the 
minority to secure some representation. 

Term.—The length of term of legislators usually 

*T:xtra sessions may be ealled by the p-overnor. Mississippi has its reg-ular 
sessions for general legislation once in lour years, and special sessions mid¬ 
way between. 


82 


THE STATE. 


depends upon the frequency of sessions. The general 
principle seems to be that representatives shall serve 
through one session and senators through two. How 
long, then, would you expect the respective terms 
to be in states having annual sessions? In states 
having biennial sessions? By reference to the com¬ 
parative legislative table on page 293 confirm or reverse 
your judgment. 

Vacancy.— In case of a vacancy in either house the 
governor orders a new election in the district affected 
by the vacancy. 

Individual House Powers.— Each house has certain 
powers conferred by the constitution having for their 
object the preservation of the purity and independence 
of the legislature. Among these are the following: 

1. AhcA hoitse is the judge of the election., returns., 
and qualification of its own members. Each person 
elected to either house receives from the canvassing 
board of the district through its clerk a certificate of 
election, which he presents when he goes to take his 
seat. Should two persons claim the same seat, the 
house to which admission is claimed determines between 
the contestants. The contest may be based, among 
other things, upon fraud in the election, a mistake in 
the returns, or alleged lack of legal qualification on the 
part of the person holding the certificate. Into any or 
all of these matters the house interested, and it only., 
may probe, and upon the question of admission it may 
pass final judgment. 

2. Each house mahes its own rules of procedure.- 
These, usually called rules of parliamentary practice, 
you can find in the legislative manual. Upon their 
importance as related to civil liberty, consult Lieber’s 
Civil Liberty and Self-Government. 


INDIVIDUAL HOUSE POWEItS. 


83 


The power to preserve order applies not only to 
members but to spectators also. Disorderly spectators 
may be removed by the sergeant-at-arms. On the order 
of the presiding officer such persons may be placed in 
confinement during the remainder of the daily session. 

Unruly members are as a general thing simply called 
to order. For persistent disorder they may be repri¬ 
manded or fined.* But in extreme cases they may be 
expelled. To prevent a partizan majority from trump¬ 
ing up charges and expelling members of the opposite 
party, it is a common constitutional provision that the 
concurrence of two-thirds of all the members elected 
shall be necessary for expulsion. 

3. JEach hoicse choses its own officers. Each house 
has a presiding officer, several secretaries or clerks, a 
sergeant-at-arms, a postmaster, and a chaplain. The 
sergeant-at-arms usually has a number of assistants 
appointed by himself, and there are a number of pages 
appointed by the presiding officer. These, however, 
hardly count as officers. The only exception to the 
rule enunciated is in those totes having a lieutenant 
governor, who is ex officio president of the senate. 
Even in that case, the senate elects in case of a vacancy, 
the person so elected being chosen from among their 
own number and receiving usually the title of president 
pro tempore. 

Quorum.— It would hardly be possible for all mem¬ 
bers to be present every day, therefore a number less 
than the whole should have authority to act. But this 
number should not be very small. The several con¬ 
stitutions fix the quorum for each house, usually at a 
majority of the members elected to it. But a smaller 

* See Among the Lawmakers, pp. 230-3. 


84: 


THE STATE. 


number has power of adjournment from day to day, 
so that the organization may not be lost; and it may 
compel the attendance of absent members, by sending 
the sergeant-at-arms after them. 

Publicity.— On the theory that legislators are ser¬ 
vants of the people, we would naturally expect the 
proceedings to be made public. And so they are. 
Publicity is secured in the following ways: 

1. In accordance with the constitutional provision, 
each house keeps a journal of its proceedings which it 
publishes from time to time, usually every day. 

2. Spectators are admitted to witness the daily 
sessions. 

3. Newspaper reporters are admitted, and are 
furnished facilities for making full and accurate 
reports. 

Privileges of Members.— In order that their constit¬ 
uents may not, for frivolous or sinister reasons, be 
deprived of their services in the legislature, the mem¬ 
bers of each house iiXQ privileged from arrest ‘‘during 
the session of their respective houses, and in going to 
and returning from the same.” Nor can civil suit be 
brought against them during that time. But they 
may be arrested for treason, (defined in the constitution), 
felony, or breach of the peace, because if guilty they are 
unworthy of a seat in the legislature. 

And in order that there may be the utmost freedom 
of speech in the legislature, that any member who 
knows of wrong being done may feel perfectly free 
to say so, the constitution of each state provides 
that “for any speech or debate in either house, they 
shall not be questioned in any other place. ” 

Compensation.— Members of the legislature receive 
for their services a salary, which is sometimes speeified 


COMPENSATION OF MEMBEBS. 


85 


in the constitution, but which is usually fixed by law. 
In the latter case no increase voted can be in effect 
until a new legislative term begins. This proviso is, 
of course, designed to remove the temptation to in¬ 
crease the salary for selfish ends. 

In some countries no salary is paid to legislators, 
the theory being that with the temptation of salary 
removed only persons of public spirit will accept 
election. Our argument is that unless some remuner¬ 
ation be given, many persons of public spirit and 
possessed of capacity for public service would be 
barred from accepting seats in the legislature. In 
other words, the state wants the services of her best 
citizens, and does not wish lack of wealth on the part 
of any competent person to stand in the way. On the 
other hand, that there may be no temptation to con¬ 
tinue the sessions for the purpose of drawing the pay, 
the constitution provides, where a ^er diem salary is 
paid, that members shall not receive more than a cer¬ 
tain sum for any regular session, or a certain other 
sum for any extra session. 

Prohibitions on Members.— To secure for his legis¬ 
lative duties the undivided attention of each member, 
the constitution provides that “no senator or repre¬ 
sentative shall, during the time for which he is elected, 
hold any office under the United States or the State.” 
In some states, as in Minnesota, the office of post¬ 
master is excepted. And in order that legislators may 
be freed from the temptation to create offices for them-. 
selves or to increase the emoluments of any office for 
their own benefit, it provides that “no senator or rep¬ 
resentative shall hold any office under the state which 
has been created or the emoluments of which have 
been increased during the session of the legislature of 


86 


THE STATE. 


which he was a member, until one year after the expi¬ 
ration of his term of office in the legislature.” 

Elig-ibility.— To be eligible to the legislature a per¬ 
son must be a qualified voter of the state, and a resi¬ 
dent thereof for, usually, one or two years; and shall 
have resided for some time, usually six months or a 
year, immediately preceding election, in the district 
from which he is chosen. This last provision is made 
to preclude people wdio have not been living in the 
district, and who therefore cannot know it or be inter¬ 
ested particularly in its welfare, from representing it 
in the legislature. 

Sole Powers.— The mode of making laws is discussed 
in another place.* In making laws the houses have 
concurrent jurisdiction—they both take part. But 
there are some parts which belong to each house 
separately, besides the election of officers before men¬ 
tioned. The house of representatives has in all states 
the sole power of impeachment,! and in some states of 
originating bills for raising revenue. This latter power 
is given to it because being elected for a short term 
it is more directly under the control of the people 
than is the senate. 

The power to impeach is vested in the representa¬ 
tives because for the reason stated, they seem more 
immediately in fact as well as. in name to represent the 
people, who it will be remembered are always the 
complainant in criminal cases. And the senate has the 
sole power of trying impeachments.t The length of 
term frees the members from the fear of immediate 
])unishment in case of an unpopular verdict. And if 

* See “ How Laws Are Made,” page 344. 

+ For mode of proceeding see page 331. 

I When tiie governor is being tried, the lieutenant governor cannot act 
as a member of the court. 


FORBIDDEN LAWS. 


87 


they are right time will show it. Historically, this 
division of power in cases of impeachment is derived 
from colonial practice and from the constitution of the 
United States. 

The senate has also the sole power of confirming or 
rejecting the appointments of the governor. 

Forbidden Faws.— In addition to the laws forbidden 
in that part of the constitution called the bill of rights, 
the legislature is usually forbidden to pass laws auth¬ 
orizing any lottery; or granting divorces; or giving 
state aid to private corporations; or involving the state 
in debt, except in case of war or other emergency. 


Pertinent Questions. 

Define constitution. AYliat is a law? What is meant by 
common law? Statute law? Equity? 

By reference to the comparative legislative table in the 
appendix, tell the most common name applied to the legislative 
body; any peculiar names; the names most commonly applied 
to the respective houses; the usual qu ilifications of members; 
the frequency of regular sessions, and the month of meeting 
most usual. Why is this time of year so uniformly chosen? 
AVhat relation do you see between the frequency of sessions 
and the term of members? What is the relation between the 
terms of the respective houses? How does the number of 
senators compare with the number in the lower house? What 
state has the largest house? The smallest? Why is the term 
senate so common ? Look up the derivation of the word. In 
what section of the country are the terms the shortest? Can 
you account for this? Which states require the highest quali¬ 
fications in members? 

Find out whether in your state there are any requiremenls 
not given in the tabulation. By reference to the legislative 
manual or other source of information lind out any other facts 
of interest, such as the names of the speaker and other legisla¬ 
tive officers; the number of your senatorial district, and the 
name of your senator; of your representative district, and the 
name of your representative; what committees are appointed 
in each house, and on which your local representatives are, and 
liow they came to be selected for these particular committees; 
how vacancies are filled in the legislature; any contested 
elections that have occurred in your state and the basis of the 
contest; some of the important rules of parliamentary practice: 


88 


THE STATE. 


the salary paid members in your state; any cases of impeach¬ 
ment, the charge, and ihe outcome; other forbidden laws. 

If two persons claim the same seat in the senate, who will 
decide between them? In the lower house? AVhat are the 
returns, and where are they kept? AVhat appeal from decision 
is there? If your legislature is now in session, write to your 
representatives asking th^m to send you regular reports of the 
proceedings. Don’t expect to get such reports for the whole 
session, however; that would be asking too much. From the 
newspapers, report on Monday the principal proceedings of the 
previous week. Have you ever seen a legislature in session ? 
AVhat is to keep a member of the legislature from slandering 
people? 

State five powers which can be exercised only by the senate. 
Five, in some states four, which can be exercised only by the 
lower house. 

Are you elegible to the legislature? If not, what legal quali¬ 
fications do you lack? Could a member of the legislature be 
elected goveror or United States senator? 

At the last election did you preserve any of the tickets? 
Could you secure any of the ballots that were actually used in 
voting? AVhy? 


CHAPTEE XIII. 

The Executive Branch. 

Officers.— The chief executive office in every state is 
that of governor. There is in each a secretary of state 
and a state treasurer. Most states have also a lieu¬ 
tenant governor, a state auditor or comptroller, an 
attorney general, and a state superintendent of public 
instruction. In nearly every case these offices are 
created by the state constitution. 

Elig-ibility.—The qualifications required in the gov¬ 
ernor and lieutenant governor are age, citizenship of 
the United States, and residence within the State. 
The age qualification is required l:)ecause the responsi¬ 
bilities are so great as to demand the maturity of 



THE EXECUTIVE BRANCH. 


89 


judgment that comes only with years. The require¬ 
ment of citizenship and that of residence are so ob¬ 
viously proper as to need no comment. 

For the other offices the qualifications required in 
most states are simply those required in a voter. * 

Election.— In every state the governor is elected by 
the people, and in most states the other officers are 
also. In a few states, some of the officers are chosen 
by the legislature on joint ballot, or are appointed by 
the governor and confirmed by the senate. 

Term.— The terms of office of the governors are given 
in the table. Unless otherwise stated, the term of the 
other officers in each state is the same as that of the 
governor thereof. For the highest efficiency the term 
of a state officer should not be very short, two years 
being better than one, and four years better than two. 
When the term is four years, it may be well to limit 
the number of terms for which an officer may be 
elected. In some cases this is done. 

Removal.- These officers and the others provided by 
statute may be removed on impeachment by the house 
of representatives, and conviction by the senate. 

Vacancy.— For the office of governor there is in 
every state a line of succession appointed in its con¬ 
stitution. By reference to the comparative table, it 
will be seen that there is considerable uniformity in 
the order of succession. In case of a vacancy in any 
of the other elective offices, the most usual plan is for 
the governor to make a temporary appointment until 
a new election can be held. For an appointive office, 
the appointment is usually good until the end of the 
next legislature or for the remainder of the term. 


*For which see page 298. 


90 


THE STATE, 


Salary.— The salary attached to each office is usually 
fixed by law, subject to the constitutional limitation 
that it shall not be increased nor diminished during 
the term of the incumbent. See page 294. 

The Duties of the OrriCERS. 

Coveriior.— The great, the characteristic duty of 
the governor is to see that the laws are faithfully 
executed. Since this may sometimes require force, he 
is made by the constitution commander-in-chief of the 
military forces of the state, and may call out these 
forces to execute the laws, suppress insurrection, or 
repel invasion. 

He appoints, “ by and with the advice and consent of 
the senate,” most of the important state officers and 
boards, as provided by law. The advice of the senate 
is rarely if ever asked. But its consent must be 
obtained to make any such appointment valid. 

As his duties continue through the year and have to 
do with the whole state, and as he may require the 
opinion, in writing, of the principal officer in each of 
the executive departments upon any subject pertain¬ 
ing to the duties of their respective offices, he is sup¬ 
posed to know more than any other person about the 
situation and needs of the state as a whole; and it is, 
therefore, made his duty to communicate by message 
to each session of the legislature such information 
touching the affairs of the state as he deems expedient. 
The regular message is sent at the opening of the 
legislative session, and special messages at any time 
during the session as they seem to be needed. On 
extraordinary occasions he may convene the legislature 
in extra session. 


THE DUTIES OF THE OFFICERS. 


91 


To place another obstruction in the way of hasty 
legislation, the governor (except in Delaware, ISTorth 
Carolina, Ohio, and Rhode Island) has a limited veto.* 
In the administration of justice mistakes are some¬ 
times made. An innocent person may be found guilty, 
or a guilty person may be sentenced too severely, miti¬ 
gating circumstances appearing after sentence is 
passed. For these and other reasons, there should be 
power somewhere to grant reprieves, commutations, 
and pardons. In most of the states this power is 
vested in the governor. It does not, for obvious 
reasons, extend to cases of impeachment. Man}^ 
thoughtful people, including some governors and ex¬ 
governors, question very seriously the wisdom of this 
absolute assignment of the pardoning power. One 
suggestion by way of limitation is that no pardon 
issue except upon recommendation of the judge of the 
court in which conviction was wrought. 

Lieutenant Governor.— As may be seen by reference 
to the comparative table, several of the states have no 
such officer. The office is designed simply to save 
confusion in case of a vacancy in the office of governor, 
in which case the lieutenant governor acts as governor 
during the vacancy. To give him something to do 
the lieutenant governor is ex officio president of the 
senate.! most of the states, he has no voice in legis¬ 
lation, except a casting vote in case of a tie. But in 
some states, as indicated in the comparative table on 
page 294, he can debate in committee of the whole. 

State Treasurer.— This officer has duties and respon¬ 
sibilities similar to those of a county treasurer. 

* See comments on the president’s veto, page 150. 
t In case of a vacancy in this office, the senate, in most states, chooses 
one of its own number to act as president pro tempore. 


92 


THE STATE. 


Attorney General.— This officer has two chief duties. 
He represents the state in suits at law, and may be 
called upon to aid county attorneys in criminal prosecu¬ 
tions. When invited to do so he gives legal advice to 
the legislature and to the executive officers, on matters 
pertaining to their official duties. 

Secretary of State and Auditor. —The county aud¬ 
itor, you remember, has three general lines of duty: 
1. To act as official recorder and custodian of papers 
for the county board. 2. To be bookkeeper for the 
county, and in connection therewith to audit all claims 
against the county, and issue warrants on the county 
treasurer for their pa3mient. 3. To apportion the taxes. 

The corresponding duties in the state, except record¬ 
ing the acts of the legislature, which is done by 
legislative elerks, are in most states divided between 
two officers, the secretary of state and the state auditor 
or comptroller. 

The seeretary of state has, as his charaeteristic duty, 
the preservation or custody of state papers, aets of the 
legislature, etc. He is also keeper of the great seal of 
the state, and authenticates state documents, commis¬ 
sions, etc. Incidentally he has other duties. In some 
states he prepares the legislative manual; he sees that 
the halls are ready for the sessions of the legislature, 
calls the house to order at its first meeting, and presides 
until a speaker is chosen. He also indexes the laws 
and other state documents, and superintends their 
printing and distribution.* 

The auditor or comptroller is bookkeper for the 
state, audits accounts against it, and draws warrants 
upon the state treasurer for their payment, f The 

*In some states there is a superintendent of printing. 

+ No money can be paid out except on appropriation by the legislature. 


THE DUTIES OF THE OFFICEBS. 


93 


state auditor, also, comparing the legislative appro¬ 
priations with the assessed value of the property of 
the state, computes the rate of the state tax and reports 
it to county auditors. 

In some states, Wisconsin, for instance, the duties of 
both offices are performed by the secretary of state. 

In some states the auditor is ex officio land commis¬ 
sioner. In other states there is a separate officer to 
take charge of state lands. 

Superintendent of Public Instruction.— This officer 
has general supervision and control of the educational 
interests of the state. He is often ex officio a member of 
the board of regents of the state university, of the board 
of directors of the state normal schools, and of the 
state high school board. He has the appointment and 
general management of state teachers’ institutes. He 
meets and counsels with county and city superin¬ 
tendents. Thus an active, earnest, competent man may 
influence for good the schools of all grades throughout 
the state. He reports to the legislature at each session, 
through the governor, the condition and needs of the 
schools of the state. In this report he recommends 
such measures for the improvement of the educational 
system of the state as he deems advisable. In many 
states he apportions the state school money. 

Assistants.— Usually the above officers have assistants 
appointed by themselves. 

OTHER STATE OFFICERS. 

The officers given above are the typical state officers, 
but every state has others. Of these the most im¬ 
portant are shown in the comparative tabulation. 

Some states provide the governor with a council. 


94 


THE STATE. 


This is in most cases simply an ach isory, not an admin¬ 
istrative or executive body. 

Some Pertinent Questions. 

AVliat are the qualifications required in the governor of this 
state? The lieutenant governor? The other officers? The 
names of the state officers? The length of their terms? The 
officers not mentioned in the text, and their duties? Name 
the state officers whom you have seen. 

Which states require the highest qualifications in the gov¬ 
ernor? The lowest? Which give the longest term? The 
shortest? The highest salary? The lowest? VvTiich states 
limit the number of terms? Which have no lieutenant gov¬ 
ernor? In which states is a majority vote required? Does 
there seem to be any sectional law as to these things; that is, 
is there anything peculiar to New England, or to the south, or 
to the northwest? What seems to be the general law" of suc¬ 
cession to the governorship? What exceptions? 

What is meant by saying that the governor executes the law^? 
Is this saying strictly true? Is a sheriff an executive or a 
judicial officer? The constable? The mayor of a city? Can 
an executive officer be sued ? A judicial officer? 

How many senators and representatives wmuld it take to 
pass a bill over the governor’s veto? Have you ever knowm of 
its being done? If the governor should go to Washington on 
business of the state or on private business, w"ho wmuld act as 
governor? How long would he so act? Could he pardon con¬ 
victs at that time? Have you ever read a message of the gov¬ 
ernor? 

If the state superintendent of public instruction wants in¬ 
formation on some point of school law", to whom should he 
appeal? How much w"Ould he have to pay for the advice? 
What force wmuld the opinion have? Could he obtain a legal 
opinion as to a private matter on the same terms? 

If you had a bill against the state, how^ would you get your 
pay? If payment W"ere refused what could you do? (Do not 
try to answ"er off-hand. Ask a lawyer.) 

How are the expenses of the state government met? The 
amount of state expenses last year? (See report of treasurer.) 

What are the sources of the school fund of this state? Did 
you ever know^ of school lands being sold in your county? By 
whom, how", and on what terms? 

Name your county superintendent of schools. The state 
superintendent. Is there a United States superintendent? 
Get the report of the state superintendent and find out what it 
contains. Ask your teacher to let you see the teachers’ report 
to the county superintendent. How much state money did 
your district receive last year? 


OTHER STATE OFFICERS. 


95 


CHAPTEE XIY. 

Othek State Officers. 

Adjutant-General.— To aid the governor in the dis¬ 
charge of his duties as cominander-in-chief, there is an 
officer called the adjutant-general. Through him all 
general orders to the state militia are issued. He also 
keeps the rolls and records of the militia. In some 
states he is required by law to act as attorney for 
those seeking pensions from the United States. 

Railroad Coniinissioners.— To prevent railroads 
from charging extortionate rates for passengers oi* 
freight; to see that reasonable facilities are provided, 
such as depots, side tracks to warehouses, cars for trans¬ 
porting grain, etc.; to prevent discrimination for or 
against any person or corporation needing these cars; 
in other words, to secure fair play between the railroads 
and the people, a railroad commission consisting of 
from one to three members has been established in 
many states by the legislature. 

lusurance Commissioner.— To protect the people 
from unreliable insurance companies, there is an officer 
called the insurance commissioner. No insurance com¬ 
pany can legally transact business in the state until it 
has satisfied the commissioner that its methods of insur¬ 
ance and its financial condition are such as to give the 
security promised to those insured by it. The certifi¬ 
cate of authority granted to any company may be 
revoked by the commissioner at any time if the com¬ 
pany refuses or neglects to comply with the conditions 
established by law. 

9 


96 


THE STATE. 


State Librarian. —Each state has a valuable library, 
composed chiefly of law books, but containing also 
many other valuable books and pamphlets. This 
library is open to the public. It is in charge of the 
state librarian, who acts under prescribed rules. 

Public Examiner.— To render assurance doubly sure 
that public mone}^ shall be used only for the purposes 
for Avhich it is designed, provision is made for the 
appointment of “ a skillful accountant, well versed in 
the theory and practice of bookkeeping,” to exercise 
constant supervision over the financial accounts of state 
and county officers and of banking institutions incor¬ 
porated under state laws. This officer is called the 
public examiner. 

The officers visited are required by law to furnish the 
public examiner facilities for his work, and to make 
returns to him under oath. The examiner reports to 
the governor, who is empowered to take action to pro¬ 
tect the interests of the people. 

Oil Inspector.— To protect the people from the dan¬ 
ger of burning oil unfit for illuminating purposes, there 
is an officer called the inspector of illuminating oils. 
The inspector appoints a deputy for each county. It is 
the duty of these officers to test the illuminating oils 
offered for sale, and to mark the barrel or package con¬ 
taining it “ approved ” or “ unsafe for illuminating pur¬ 
poses,” as the case may be. Penalties are attached to 
the selling of oils not approved. 

Boiler Inspector.— Steam is now used as power in 
threshing grain and in grinding it, in sawing lumber, 
in propelling boats and cars, etc. To prevent loss of 
life, engineers must pass an examination and secure a 
certificate of qualification. And boilers must be in¬ 
spected at least once a year to prevent explosions. 


OTHER STATE OFFICERS. 


97 


The latter duty devolves upon the state boiler inspector 
and his assistants. Locomotive engines on railroads 
are sometimes exempt from government inspection, be^ 
cause of the invariably high skill of the engineers and 
the great care of the companies. 

Labor Coiiimissioiier. —Among the questions no'vv 
receiving consideration from states and nations avo 
many referring to labor—the healthfulness of factoi-ies, 
hours of labor, employment of children, protection 
against accidents, etc. In many of the states there is 
a commissioner of labor to make inspections and for¬ 
mulate statistics pertaining to labor. 

Officers Peculiar to Certain States.— There are in 
some states other officers, necessitated by special indus¬ 
tries. Thus, in Minnesota, where the grain, dairy and 
lumber interests are very important, there are inspectors 
of grain, a dairy commissioner, and surveyors-general 
of logs. 

Appointment and Term.— The officers named in this 
chapter are elected in some states; in others they are 
appointed by the governor and confirmed by the senate. 
The term is usually two years. 

All are required to give bonds for the faithful dis¬ 
charge of their duties. All have clerks, deputies, or 
assistants, appointed by themselves, for whose official 
acts they are responsible. 


Administrative Boards. 

Besides the boards in charge of the several state insti¬ 
tutions there are usually a number of administrative 
boards. Of these the most important are : 

1. The state loard of healthy whose duty it is “ to 


98 


THE STATE. 


make inquiries concerning the causes of disease, espe¬ 
cially of epidemics; the effect of employments, condi¬ 
tions, and circumstances upon the public health,” etc. 

2. The state hoard of charities and corrections.^ whose 
duty it is to investigate the whole system of public 
charities and correctional institutions of the state, and 
examine into the condition and management thereof, 
especially of prisons, jails, infirmaries, public hospitals, 
and asylums.” 

3. State hoard of equalization., which equalizes assess¬ 
ments throughout the state so as to render taxation as 
nearly just as possible. This board takes cognizance 
only of classes of property; it does not attempt to cor¬ 
rect individual grievances. 

4. The state hoard of immigration, appointed “ to 
encourage immigration, by disseminating information 
regarding the advantages offered by this state to immi¬ 
grants.” 

6. The commissioners of fisheries, whose duty is to 
take means to increase the number of food fish in lakes 
and rivers. To this end the board secures from the 
United States commissioner of fisheries the quota of 
spawn allotted from time to time to the state, and from 
other sources spawn of such fish as seem desirable, and 
has them placed in such lakes and rivers as they will 
be most likely to thrive in. 

The members of these boards are appointed by the 
governor. They serve without pay, except the board 
of equalization. The state pays the expenses incident 
to the discharge of their duty. The secretary of each 
board receives a salary, specified by law. 

There are also boards to examine candidates for 
admission to practice medicine, pharmacy, dentistry, 
and law. 


THE JUDICIAL BRANCH. 


99 


Some Pertinent Questions. 

Locate the state university, the state normal schools, all of 
the schools for the unfortunate, the lunatic asylums, the state 
prisons. 

AVhat is the maximum rate per mile that can be charged by 
railroads for the transportation of passengers in this state? 
How came this to be? If a farmer wished to ship a carload of 
wheat without putting it into a warehouse, how could he get a 
car? If a car were refused what could he do? 

Examine the end of a kerosene cask, and find out what the 
marks on it mean. By reference to the latest report of the 
secretary of the state board of immigration, find out what in¬ 
ducements to immigrants this state offers. Is there probably 
such a board as this in the eastern states? Why? In Euro¬ 
pean countries? AVliy? 

Does your school receive copies of the pamphlets issued by 
the state board of health? 


CHAPTER XV. 

The Judicial Branch. 

We have seen that minor differences may he adjudi¬ 
cated in each town, village and city, by justices of the 
peace and municipal courts; and that courts having 
jurisdiction unlimited as to the amount at controversy 
are held in every county. And these may all be properly 
called state courts, the state being subdivided into judi¬ 
cial districts, each comprising one or more counties, for 
the purpose of bringing justice within the reach of every 
[)erson. But there is also in eveiy state a 

STATE SUPREME COURT. 

Neeciof.— The supreme court is needed for the 
following reasons: 

1. To review cases on appeal. Notwithstanding the 
great care exercised in the lower courts, errors are 
liable to occur, and the person aggrieved may ask for 



100 


THE STATE. 


a new trial. If this be denied, he may appeal to the 
supreme court. Appeals are usually taken on one or 
more of three grounds—(a) On exceptions to rulings of 
the judge as to the admissibility of testimony; (b) On 
exceptions to the judge’s charge to the jury; (c) On the 
ground that the verdict of the jury is not warranted by 
the evidence. 

2. To interpret the law. The exceptions referred to 
in the preceding paragraph may involve the meaning of 
a law. In that case the decision of the supreme court 
establishes the meaning of the law in question, and the 
lower courts of the state are thereafter bound by the 
interpretation given. 

3. To pass upoTilk^constitutionality of a law. The 
appeal may be made for the purpose of testing the 
constitutionality of a law. If declared unconstitutional 
by the supreme court, the law is void. 

4. To issue certain remedial writs. Among these 
may be mentioned the writ of habeas corpus and the 
writ of mandamus. Thus, if a person has been com¬ 
mitted to prison by decree of one of the lower courts, 
to appeal the case and get it reviewed, might take so 
much time that the term of imprisonment would expire 
before relief could be obtained. To bring the matter 
quickly to the test, the writ of habeas corpus may be used. 

How Constituted.— The supreme court consists of 
one chief justice and two or more associate justices. 
The number in each state may be seen by reference to 
the appendix (pp. 296-7), as may also the term of ser¬ 
vice, the number of sessions held during the year, etc. 

Reports.— Since the decisions of the supreme court 
are binding upon all the lower courts of the state, they 
must be published in permanent form. To this end, the 
clerk of the supreme court makes an elaborate record of 


THE JUDICIAL BRANCH. 


101 


each case; the judges render their decisions in writing, 
giving their reasons at length; and the reports of the 
decisions are prepared for publication with great care 
by an officer called the reporter. The decision is written 
by one of the judges, who signs it, but it must be agreed 
to by a majority of the court. The bound volumes of 
reports are found in every lawyer’s library. 

A Court of Final Appeal.— In all cases involving 
only state laws, and this includes a large majority of 
cases, the decision of the state supreme court is final. 
Only on the ground that the state law is not in harmony 
with the constitution or laws of the United States can a 
case involving such a law be appealed from the supreme 
court of the state. The appeal is to the supreme court 
of the United States, which decides merely the question 
of the validity of the law. 

State Courts and Federal Courts.— The jurisdiction 
of the United States courts is given in the constitution 
of the United States, Article III, section 2. If during 
the progress of a trial in a state court, rights claimed 
under the United States constitution or laws or under a 
treaty of the United States become involved, the case 
may be removed to a federal court. 

No Jury in tlie Supreme Court.— There is no jury in 
the supreme court. Questions of fact are determined 
in the lower courts. Appeals are on questions of law. 
A transcript of the proceedings in the trial court is sub¬ 
mitted to the supreme court. Ask a lawyer to show 
you a brief and a paper book. 

Some Pertinent Questions. 

Give the jurisdiction of a justice court. Of a probate court. 
Of a district or circuit court. Of the supreme court? 

Wlio is the recording officer of a justice court? Of a probate 
court? Of a district court? Of the supreme court? 

Who keeps a record of the testimony in a justice court? In 


102 


THE STATE. 


a district court? What is meant by “noting an exception,” 
and why is it done? If a person is dissatisfied with the 
decision of the supreme court, what can he do about it? 

A¥ho besides the judges of the supreme court can issue the 
writ of habeas eorpusf 

Name the justices of the supreme court of this state. How 
are they chosen? How long do they serve? How many terms 
does this court hold annually? Where are they held? How 
long do they last? Bead some of the syllabi of the decisions 
as they appear in the newspapers. Who prepares these out¬ 
lines for the press? 

Which state in the Union has the largest supreme court? 
Which has the smallest? Which demands the highest qualifi¬ 
cations? In which is the term the longest? In which the 
shortest Does a decision of the supreme court of New York 
have any weight in Minnesota ? Which states rank highest in 
the value attached to the decisions of their supreme courts? 
How do you account for this? 

Paper: By means of pages 292-7, &c., prepare a tabular 
view of your state, taking that on pages 314-15 as a model. 


CHAPTER XVI. 

Retrospect and Prospect. . 

Kach Organization a Miniature Government. — 

Some things of general interest are matters for regu¬ 
lation by the state as a whole, through its legisla¬ 
ture. But many things are })roperly left to local 
regulation. For instance, in a timbered towm, wFere 
fences can be cheaply built, it may be desirable, espe¬ 
cially if there is much wild land, to let cattle run at 
large, each fencing out the cattle from his crops. 

On the other hand, in a prairie town, where fencing is 
expensive, or Avhere there is little wild land, it 'may 
S(ieni best to arrange that each person fence in his 
owui cattle. No persons can judge which is the better 
plan for a given neighborhood so well as the people 
who live there. And to them it is left, to be deter- 



RETBOSPEGT AND PBOSPECT. 


103 


mined at the annual meeting. In passing upon such 
questions, in appropriating money for local improve¬ 
ments, &c., powers ^^oMdo-legislative are exercised. 
Matters of detail are determined hy the supervisors, 
and they with the clerk, the treasurer, the road over¬ 
seers, the constables, and the assessor, constitute what 
may be called the executive^ or more properly the 
administrative^ department. And the local judicial 
functions are performed by the justices of the peace. 
Similarly it may be shown that the village, the city, 
and the county are governments in miniature. 

Local Officers as State Officers.— The governor is the 
chief executive officer of the state, but not the only 
one. There are others enumerated on pages 90-99. 
Hut besides these, the state uses local officers in part to 
carry into execution the acts of the legislature. For 
instance, when the legislature has appropriated a cer¬ 
tain sum for a specific purpose, the executive depart¬ 
ment raises and applies the money. To this end, the 
taxable property of the state is ‘‘valued” by the 
assessors; these estimates are reviewed by the boards of 
(jqualization; the county auditors make up the tax lists; 
the county treasurers collect the money and transmit 
it to the state treasurer, from whom it goes to the 
institution for whose benefit it was appropriated. 

All writs issued by justices of the peace run in the 
name of the state, showing that these are in a certain 
sense state judicial officers. 

State Officers as United States Officers.— As a rule 
the United States appoints its own officers, and stations 
them where they are needed. But in a very few cases, 
state officers are used. For instance, in order that per¬ 
sons accused of crime against the United States may 
be promptly apprehended, commissioners of the United 


104 


THE STATE, 


States circuit court are appointed in every state with 
power to issue warrants of arrest and take testimony. 
But in the absence of a commissioner, the warrant may 
be issued and testimony taken by any judicial officer of 
the state. In such a case, a justice of the peace may 
act temporarily as a United States officer. The best 
interests of society are served thereby. 

Elective and Appointive Officers. — In the school 
district and the town all officers are elected, none bein^ 
appointed except to fill vacancies. As the organiza¬ 
tions increase in size, appointive offices increase rela¬ 
tively in number, until among officers of the United 
States only two are elected. Members of the legislative 
department in each of the organizations are elected. 

Vacancies.— These occur usually either by death or 
resignation, occasionally by removal from office. To 
save the expense of a special election, vacancies in elec¬ 
tive offices are filled by temporary appointment, except 
in the case of members of the legislature and members 
of the United States house of representatives. 

Resignations.— These are sent as a rule: (a) by 
elective officers, to that officer who is authorized to 
make the temporary appointment or to order a new 
election; (b) by appointive officers, to the body, board, 
or officer that appointed them. 


Pertinent Questions. 

"Who constitute the legislative department in a town? In a 
village? In a city? In a county? The executive in each? 
The judicial? Show that the county superintendent of schools 
is also one of the executive officers of the state. Do any local 
officers belong to the state legislative department? Should 
the judges of the circuit court be elected or appointed? Should 
all the county officers be elected at the same time? To whom 
would a member of congress send his resignation if he desired 
to be relieved? A judge of the state supreme court? The 
county auditor? 


Part III. 


THE NATION. 


CHAPTER XVII. 

Historical. 

In order to understand the government of the United 
States, we must examine its beginnings and antecedents. 

THE COLONIES. 

When Columbus returned to Spain with his marvelous 
stories of the New World, expeditions were fitted out 
which soon filled the coffers of that country with wealth 
from Mexico, Central and South America, and the W^est 
Indies. Spain became the wealthiest nation of the 
world. Other countries soon caught the infection, and 
expeditions were sent from France, Holland and England, 
the other great commercial nations of western Europe. 

For a long time scarcely any effort was made to form 
permanent settlements, and the attempts that were by 
and by made were unsuccessful. For more than a hun¬ 
dred years the territory now included within the United 
States remained unoccupied, except at a few points in 
the southern part. Explorations were, however, pushed 
with vigor, and many conflicting claims were based 
upon them. (i 05 ) 



106 


THE NATION. 


About the beginning of the seventeenth century per¬ 
manent settlements began to be made, yet the increase 
in population was for the succeeding hundred and fifty 
years very slow. During this time settlements were 
made in the tropical part of America by the Spanish; 
the French founded settlements in Canada and estab¬ 
lished a chain of forts along the Ohio and Mississippi; 
and the English, though claiming all the land to the 
Pacific, made settlements only along the Atlantic. The 
Dutch and the Swedes made settlements along the Hud¬ 
son and about Delaware Bay, respectively. 

By the middle of the eighteenth century, the Swedes 
had been dispossessed by the Dutch, who in turn had 
succumbed to the English. And in 1756 began the great 
struggle between France and England for the possession 
of the Mississippi Valley. England won, and the exist¬ 
ence of the United States as we know and love it became 
a possibility. 

THE CAUSES OF THE REVOLUTION. 

The causes of the Be volutionary War fall naturally 
into two great classes, the remote and the immediate. 

Tlie Remote Causes.— Among the underlying causes 
of the war may be mentioned the following: 

1. The location of the colonies. They were separated 
from the mother country by a great ocean, which then 
seemed many times as wide as it does now. Com¬ 
munication was so infrequent that the authorities in 
England could not keep track of what was going on in 
America, and misgovernment could flourish unchecked 
because unknown. And so far away and so differently 
circumstanced from the people in England were the peo¬ 
ple of the colonies that the former could not appreciate 
the real needs of the latter. 


THE CAUSES OF THE liEVOLUTIOK. 107 


2. The cliaracter of the colonists. Character is the 
product largely of ancestry and circumstances. The 
ancestors of these people, after a struggle lasting hundreds 
of years, had established liberty in England and in¬ 
trenched it in guarantees the wisest ever devised by man. 
From them the colonists inherited the right of freedom 
from arbitrary arrest; of giving bail in ordinary offenses; 
of a speedy, public trial by jury, near the place where 
the crime was alleged to have been committed; of the writ 
of habeas corpus; of established rules of evidence; and, 
indeed, of nearly all the rights mentioned in the first ten 
amendments to the constitution of the United States. 
Their ancestors had, in the war between Cromwell and 
Charles I., laid down their lives to establish the principle 
that taxes can be laid only by the people or by their 
representatives. The colonists themselves had been 
compelled to face difficulties incident to life in a new 
country, and had developed the power to act independ¬ 
ently in matters pertaining to their individual good. 
And in the management of their several commonwealths 
they had gained considerable experience in govern¬ 
mental affairs. With such ancestry and such experience 
they would not tamely endure being imposed upon. 

3. The character of the king. On the death of Queen 
Anne without an heir, George I., elector of Hanover, 
had become king of England, and he had been suc¬ 
ceeded by his son, George II. To both of these kings 
England was really a foreign country, of whose institu¬ 
tions, and of whose language even, they were profoundly 
ignorant. As a consequence, their personal influence in 
England Avas small. When, in 1760, young George III. 
ascended the throne, he resolved to be king in fact as 
well as in name. This determination, which he adhered 
to, coupled with his unfamiliarity with English institu- 


108 


THE NATION. 


tions, ex|)lains many things otherwise difficult to under¬ 
stand. (See Fiske’s War of Independence, pp. 58-70.) 

4. TAe prevailmg mode of colonization. Many of the 
colonies had been founded for commercial reasons merely, 
with no intention of forming governmental institutions. . 
Chartered companies and individuals planted settlements 
for the profit there was supposed to be in doing so. 
These colonies were designed to be merely ‘‘self-sup¬ 
porting trading outposts of England.” Money had been 
put into these enterprises, and in the effort to secure a 
profitable return mnny unjust commercial restrictions 
were imposed upon the colonists. 

Immediate Causes.— Among the immediate causes of 
the Revolutionary War may be mentioned: 

1. The French and Indian War. In the first place, 
this war facilitated the union of the colonies. Several 
attempts at union had failed; there were too many 
opposing influences. While by far the greater number 
of the colonists were English, there were many Dutch in 
New York, and some Swedes remained in Delaware. 
Moreover, the English themselves differed radically in 
politics, those in the South having been royalists, while 
those in New England sympathized with Cromwell and 
parliament. But more serious than these politial differ¬ 
ences, were the differences in religion. The old Euro¬ 
pean quarrels had an echo here, and the catholics ot 
Maryland, the episcopalians of Virginia, the puritans of 
Massachusetts, the baptists of Rhode Island, thelutherans 
of New York, and the quakers of Pennsylvania, all had 
grievances to remember. Travel, which does so much to 
broaden the mind and free it from prejudice, was both 
difficult and dangerous. The French and Indian War, 
bringing together men from all the colonies, was of great 
service in breaking down intercolonial animosities. 


THE CAUSES OF THE BEVOLUTION. 109 

Facing the same dangers, standing shoulder to shoulder 
in battle, and mingling with each other around the camp 
fires, the men of the several colonies came to know each 
other better, and this knowledge ripened into affection. 
The soldiers on their return home did much to dis 
seminate the good feeling. 

In the second place, the French and Indian War by 
annihilating all the claims of France to American soil 
removed the principal enemy that had rendered the 
protection of England necessary to the colonies. 

In the third place, this war gave the colonists an ex¬ 
perience ill military aff airs and a confidence in their own 
powers which emboldened them to dare open rebellion. 

And in the fourth place, this war produced the delit 
wdiich led to the taxation which was the most immediate 
cause of the outbreak. 

2. Various tyrannical acts of the Mng. These are 
given explicitly in the Declaration of Independence. 

Some Pertinent Questions. 

Name a country in the Avorld’s history tliat ever allowed its 
colonies representation in its home parliament or legislative 
body. Name one that does it today. Why do territories in 
this country desire to become states? 

Name some country, other than England, which could have 
given birth to the United States. Prove your proposition. 

The Due de Choiseul, the French minister who signed the 
treaty whereby France yielded to England her claims to 
American soil, remarked after doing it, “That is t lie beginning 
of the end of English power in America.” AVhat did he 
mean?. Upon what did he base his ojiinion? Why did France 
help the Americans in the Revolutionary War? 

What is meant, in speaking of the colonies, by royal irrov- 
incef Charter government? government? 

What experience in law making did the colonists have? 
Where and when did the first reiiresentative assembly in 
America convene? Find in the Declaration of Independence 
an expression complaining of non-representation in parlia- • 
ment. 

To the patriotic and far sighted men wdio had striven to 
form a union of the colonies, did the religious differences 


110 


THE NATION. 


which frustrated their plans seem fortunate or unfortunate? 
Can you see liow it came about that we have no state church, 
that we enjoy religious freedom ? Doesn’t it seem that there 
must have been a Planner wdser than any man who was work¬ 
ing out His own designs? 


CHAPTER XVIII. 

The Articles of Confederation. 

WHAT PRECEDED THEM. 

The Revolutionary Period.— The nation was born 
July 4, 1776. From that time until the adoption of 
the articles of confederation in 1781 the people of the 
United States carried on their governmental affairs by 
means of a congress “ clothed wdth undefined powers 
for the general good.” 

This congress had, speaking in the name and by 
the authority of the good people of these colonies,” 
issued the declaration of independence; it had entered 
into an alliance wdth France; and it had prosecuted 
the war almost to a successful issue, before it had re¬ 
ceived any definite warrant for its acts. Its acts were 
justified by necessity, and had their authority in the 
“ common consent ” of a majority of the people. Dur¬ 
ing nearly all of the revolutionary war, the people of 
the colonies were largely “held together by their 
fears.” 

THE ARTICLES THEMSELVES. 

Their liistory. —But these wmre pre-eminently a 
.people of peace and good order. This is showm in part 
by the spirit and form of the declaration of indepen¬ 
dence. They had no idea of allowing themselves to 



THE ARTICLES OF CONFEDERATION. Ill 


lapse or drift into anarchy. They understood the 
necessity for a permanent government. 

Accordingly, when, on the eleventh of June, 1776, a 
committee of congress was appointed to “ abolish ’’ one 
form of government by drafting a declaration of inde¬ 
pendence, another committee was appointed to frame 
a plan on which to “ institute a new government.” 

After more than a month’s deliberation this com- 
inittee reported its plan, embodied in what is called 
articles of confederation. This plan was discussed 
from time to time, and finally, somewhat modified, was 
agreed to by congress, hlovember 15, 1777. It was 
then submitted to the states for ratification. 

In July, 1778, the articles were ratified by ten of 
the states. Hew Jersey ratified in Hovember, 1778, 
and Delaware in February, 1779. But the articles 
were not to become binding until ratified by all the 
states, and Maryland did not authorize her delegates 
in congress to sign the instrument in ratification until 
March 1, 1781. (Maryland claims to have fought 
through the revolutionary war, not as a member but 
as an ally of the United States.) 

Their peculiarities.— The articles of confederation 
Avere different from our present constitution, both in 
principle and in method of operation, as f oUoavs : 

1. The nature of the government formed. The gov¬ 
ernment Avas that of a “ confederation of states,” each 
retaining its sovereignty and independence. The 
union was declared to be a “firm league of friend¬ 
ship.” It Avas to be perpetual. 

2. The branches of government. Only one Avas pro¬ 
vided for, a congress. Ho provision Avas made for exec¬ 
utive or judicial officers apart from the congress itself. 

3. The structure of the congress. The congress con- 


112 


THE NATION. 


sisted of only one house or chamber. Members were 
elected for one year, subject to recall at any time, and 
they were paid by their respective states. No pei'son 
was eligible to membership for more than three years 
in any period of six years. No state could be repre¬ 
sented by ‘ ‘ less than two, nor more than seven mem¬ 
bers.” Each state had one vote. 

4. The jpowers of congress. ‘‘The United States in 
congress assembled ” had power to treat with foreign 
countries, to send and receive ambassadors, to deter¬ 
mine peace and war. Congress was the last resort on 
appeal in all disputes between the states; could fix 
the standard of weights and measures, and of the fine¬ 
ness of coin; could establish and regulate postoffices; 
could ascertain and appropriate “the necessary sums 
of money to be raised for the service of the United 
States; ” could borrow money “ on the credit of the 
United States; ” could agree upon the number of land 
forces and make requisition on each state for its 
quota; and could appoint a committee consisting of 
one member from each state, to sit during the vaca¬ 
tions of congress. 

5. Powers denied to the states. No state could enter 
into any treaty with another state or with a foreign 
nation, nor engage in war, except by consent of “the 
United States in congress assembled; ” nor keep vessels 
of war or a standing army in time of peace, except 
such number as congress should deem necessary. 

Reasons for the peculiarities.— Suffering breeds cau¬ 
tion. Every one of the peculiarities was based upon 
distrust. 

The people were afraid to trust their delegates. This 
is manifest in the shortness of the term, the provision 
for recall, the reserved right to control the delegates 


THE AETICLES OF CONFEDERATION 113 

by controlling their pay, and the limitation as to ser¬ 
vice. 

The states were afraid of each other, especially were 
the small states distrustful of the large ones. This is 
evidenced in the provision that each state should have 
one vote. By this arrangement the states had equal 
power in the congress. 

The people and the states were afraid of the general 
government. A central government was a necessity, 
but it was given only very limited powers. The people 
would not have an executive oflScer, because they feared 
anything resembling kingly rule. They did not dare to 
establish a national judiciary having jurisdiction over 
persons and property, because their experience with 
‘‘trials beyond the sea” had made them wary of outside 
tribunals. 

It is to be observed, however, that with all their dis< 
trust, in spite of the fact that their colonial or state 
jealousies and habits had returned upon them, notwith¬ 
standing their specific statement in the instrument 
itself that “each state retains its sovereignty,” the 
instinct of nationality was yet strong enough to cause 
them to continue in the general government the actual 
sovereign powders. Thus, the “United States” alone 
could treat with foreign nations, declare war, and make 
peace. Another great sovereign power, that of coining 
money, was unfortunately shared by the states. 

Their tlefects.—The great defect in the articles of 
confederation was that they placed too little power in 
the hands of the general government. Although con¬ 
gress possessed the right to declare war, it could only 
apportion the quota of men to each state; the states 
raised the troops. And so on with the other powers. 
The government of the United States during the confed- 


114 


THE NATION. 


eration period was “a name without a body, a shadow 
without a substance.” An eminent statesman of the 
time remarked that ‘‘by this political compact the con¬ 
tinental congress have exclusive power for the follow¬ 
ing purposes without being able to execute one of them: 
They may make and conclude treaties; but they can 
only recommend the observance of them. They may 
appoint ambassadors; but they cannot defray even the 
expenses of their tables. They may borrow money on 
the faith of the Union; but they cannot pay a dollar. 
They may coin money; but they cannot buy an ounce 
of bullion. They may make war and determine what 
troops are necessary; but they cannot raise a single 
soldier. In short, they may declare everything, but 
they can do nothing. ” 

The consequences.— “The history of the confeder¬ 
ation during the twelve years beyond which it was not 
able to maintain itself, is the history of the utter pros¬ 
tration, throughout the whole country, of every public 
and private interest,—of that which was, beyond all 
comparison, the most trying period of our national and 
social life. For it was the extreme weakness of the 
confederate government, if such it could be called, 
which caused the w'^ar of independence to drag its slow 
length along through seven dreary years, and which, 
but for a providential concurrence of circumstances in 
Europe, must have prevented it from reaching any 
other than a disastrous conclusion. When, at last, 
peace was proclaimed, the confederate congress had 
dwindled down to a feeble junto of about twenty per¬ 
sons, and was so degraded and demoralized, that its 
decisions were hardly more respected than those of any 
voluntary and irresponsible association. The treaties 
which the confederation had made with foreign powers, 


OBIGlJSf OF THE CONSTITUTION. 


115 


it was forced to see violated, and treated with contempt 
by its own members; which brought upon it distrust 
from its friends, and scorn from its enemies. It had no 
standing among the nations of the world, because it had 
no power to secure the faith of its national obligations. 
For want of an uniform system of duties and imposts,* 
and by conflicting commercial regulations in the differ¬ 
ent states, the commerce of the whole country was 
prostrated and well-nigh ruined. * * * Bankruptcy 

and distress were the rule rather than the exception. 
* * * The currency of the country had hardly a 

nominal value. The states themselves were the objects 
of jealous hostility to each other. * * * Jn some of 

the states rebellion was already raising its horrid front, 
threatening the overthrow of all regular government 
and the inauguration or universal anarchy. ”t 


CHAPTER XIX. 

The Origin of the Constitution. 

‘ Tor several years efforts were made by some of our 
wisest and best patriots to procure an enlargement of 
the powers of the continental congress, but from the 
predominance of state jealousies, and the supposed 
incompatibility of state interests with each other, they 
all failed. At length, however, it became apparent, 
that the confederation, being left without resources and 
without powers, must soon expire of its own debility. 

* Each state regulated its own commerce. „ i 

+ Dr. J. H. Mcllvaine in Princeton Review, October, 1861. Read also 
Fiske’s Critical Period of American History, chapter IV. 



116 


THE HATIOH. 


It had not only lost all vigor, but it had ceased even to 
be respected. It had approached the last stages of its 
decline; and the only question which remained was 
whether it should be left to a silent dissolution, or an 
attempt should be made to form a more efficient gov¬ 
ernment before the great interests of the Union were 
buried beneath its ruins.”* 

Preliminary Movements.— In 1785 a resolution was 
passed by the legislature of Massachusetts declaring the 
articles of confederation inadequate, and suggesting a 
convention of delegates from all the states to amend 
them. No action, however, was taken. In the same 
year commissioners from Virginia and Maryland met at 
Alexandria, Ya., to arrange differences relative to the 
navigation of the Potomac, the Roanoke, and Chesa¬ 
peake Bay. The deliberations showed the necessity of 
having other states participate in the arrangement of a 
compact. In 1786 the legislature of Virginia appointed 
commissioners ‘To meet such as might be appointed by 
the other states of the Union, * * * to take into 

consideration the trade of the United States.” Only 
four states accepted the invitation. Commissioners 
from the five states met at Annapolis, and framed a 
report advising that the states appoint commissioners 
“to meet at Philadelphia on the second Monday in May 
next, to take into consideration the situation of the 
United States, to devise such further provisions as shall 
appear to them necessary to render the constitution of 
the federal government adequate to the exigencies of 
the Union. ”t In accordance with this suggestion,- con¬ 
gress passed a resolution, February 21, 1787, recom¬ 
mending that a convention of delegates, “who shall have 

* Story. 

t Elliot’s Debates. 



THE CONSTITUTIONAL CONVENTION HY 

been appointed by the several states, be held at Phila¬ 
delphia, for the sole and express purpose of revising 
the artieles of confederation.”* 

The Constitutional Convention.— In response to the 
call of congress, delegates from all the states except 
Rhode Island met in Philadelphia. By May 25, a quo¬ 
rum had assembled, the convention organized, with 
George Washington as chairman, and began its mo¬ 
mentous work. 

It was soon discovered that it would be useless to 
attempt to amend the articles of confederation. They 
were radically defective, and a new plan of government 
was seen to be necessary. The national idea must be 
re-established as the basis of the political organization. 

“It was objected by some members that they had no 
power, no authority, to construct a new government. 
They certainly had no authority, if their decisions were 
to be final; and no authority whatever, under the 
articles of confederation, to adopt the course they did. 
But they knew that their labors were only to be sug¬ 
gestions; and that they as well as any private individ¬ 
uals, and any private individuals as well as they, had a 
right to propose a plan of government to the people for 
their adoption. * * * tPq people, by their ex¬ 

pressed will, transformed this suggestion, this proposal, 
into an organic law, and the people might have done 
the same with a constitution submitted to them by a 
single citizen.”! 

The labors of the convention lasted four months. 
The constitution was agreed to September 15, 1Y8Y. 

Some of the difficulties encountered.— Of these per¬ 
haps the most formidable was the adjustment of power 

* Elliott’s Debates. 

t Pomeroy’s Constitutional Law, p. 55. 


118 


THE NATION. 


SO as to satisfy both the large and the small states. So 
long as the idea of having the congress consist of one 
house remained, this difficulty seemed insurmountable. 
But the proposal of the bicameral congress proved a 
happy solution of the question.* 

Although so much distress had followed state regula¬ 
tion of commerce, and although most of the delegates 
from the commercial states were in favor of vesting this 
power in the federal government, it was only after much 
deliberation, and after making the concession that no 
export duties should be levied, that the power to regu¬ 
late commerce was vested in congress. 

Another perplexing question was the regulation of the 
slave trade. For two days there was a stormy debate 
on this question. By a compromise congress was for¬ 
bidden to prohibit the importation of slaves prior to 
1808, but the imposition of a tax of ten dollars a head 
was permitted. 

The men who constituted the convention.— The 
convention included such men as George Washington, 
Alexander Hamilton, Benjamin Franklin, James Mad¬ 
ison, Koger Sherman, Gouverneur Morris, Edmund 
Kandolph, and the Pinckneys. ‘ ‘Of the destructive ele¬ 
ment, that which can point out defects but cannot 
remedy them, which is eager to tear down but inapt to 
build up, it would be difficult to name a representative 
in the convention. ”t 

The constitution a growth.— The constitution was 
not an entirel}^ new invention. The men who prepared 
it were wise enough not to theorize very much, but 
rather to avail themselves of the exjoerience of the ages. 
Almost every state furnished some feature. For iu- 


*See discussion of section 1, Article I., Constitution, page 124. 
t Cyclopedia of Political Science, vol. I., article “Compromises.’ 


PECULIARITIES OF THE CONSTITUTION. 119 


stance: The title President had been used in Pennsyl¬ 
vania, New Hampshire, Delaware, and South Carolina; 
The term Senate had been used in eight states; the ap¬ 
pointment and confirmation of judicial officers had been 
practiced in all the states; the practice of New York 
suggested the president’s message, and that of Massa¬ 
chusetts his veto; each power of the president had its 
analogy in some state; the office of vice-president came 
from that of lieutenant governor in several of the states. 

Some of its peculiarities.— And yet the instrument 
is one of the most remarkable ever penned by man. 

1. It is short. It would not occupy more than 
about two columns of a newspaper. 

2. It covers the right ground. It deals with things 
permanent, and leaves transient matters to legislation. 
Its adaptation to our needs is seen in the fact that it has 
remained substantially unchanged, although in terri¬ 
tory and population our country has grown immensely. 

eS. It is a model in arrangement and language. The 
lucidity and perspicuity of the language of the con¬ 
stitution have called forth expressions of admiration 
from all who have studied it carefully. 

Probably its master-stroke is the creation of the 
national judiciary. 

Let us now proceed to a study of the instrument 
itself, prepared to weigh carefully every sentence. 

Some Pertinent Questions. 

Group all the defects of the government under the articles of 
confederation using these two heads: 1. Defects in organiza¬ 
tion. 2. Defects in essential powers. 

In the constitutional convention there were several “plans” 
proposing forms of government. State the provisions of the 
Virginia plan; of the New Jersey plan; of the Hamilton plan; 
the Connecticut plan. AVatcli for traces of each as you proceed 
in your study of the constitution. 

Memorize the following outline of the constitution: 


120 


THE NATION. 


GENERAL OUTLINE OF THE CONSTITUTION. 

Preamble, giving reasons for the formation of the constitution. 
Article I.— The Legislative Department. 

Sec. 1. Yestment of power in a congress of two houses. 
Sec. 2. House of representatives: apportionment, qualifi¬ 
cations, election, term, sole powers. 

Sec. 3. Senate: apportionment, qualifications, election, 
term, sole powers. 

Sec. 4. Congress: time and place of election, time of meet¬ 
ing. 

Sec. 5. Houses respectively: relations to members. 

Sec. 6. Provisions common: privileges and disabilities. 
Sec. 7. Mode of passing laws. 

Sec. 8. Powers of congress. 

Sec. 9. Prohibitions on congress. 

Sec. 10. Prohibitions on the states. 

Article II.— The Executive Department. 

Sec. 1. Vestment of power, term, qualifications,-election, 
etc. 

Sec. 2. Powers. 

Sec. 3. Duties. 

Sec. 4. Responsibility. 

Article 111.—The Judicial Department. 

Sec. 1. Vestment of authority, appointment, term, etc. 
Sec. 2. Jurisdiction. 

Sec. 3. Treason, definition, procedure. 

Article lY.—The States. 

Sec. 1. Mutual credit of official papers. 

Sec. 2. Inter-state relations. 

Sec. 3. New states and territories. 

Sec. 4. Republican form of government guaranteed. 
Article V. —Mode of Amending the Constitution. 

Article Yl.—2IisceUaneous. 

Article Nll.—Batification. 

AMEND3IENTS. 

1-10. Personal rights guaranteed. 

11. Limitation on Jurisdiction of U. S. Courts. 

12. Mode of electing the president and vice-president. 
13-15. Fruits of the Civil War. 


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THE CONSTITUTION, 


121 


CHAPTER XX. 

The Constitution of the United States. 

The Enacting Clause^ or Preamble. 

We, thepeojple of tliellnited States,^ in order to fonn 
a more perfect union,^ establish justice,^ insure domestic 
tranquillity,^ provide for the common defense,^promote 
the general welfare,''^ and secure the blessings of liberty to 
ourselves and our posterity,^ do ordain and establish this 
constitution for the United States of America. 

^The preamble or enacting clause is very important, 
because it states the purposes for which the constitution 
was framed, and is, therefore, a valuable aid in inter¬ 
preting its provisions. 

^ These words are important, because: First, they 
recognize the people as the source of power. Second, 
they show that the constitution is different in nature 
from the articles of confederation. The latter was a 
compact between states, adopted by state legislatures 
acting for the states as such; the former was “ordained 
and established” by “the people of the United States,” 
one people, acting as a unit. And the expression, 
A^dlich was inserted in the preamble after due delibera¬ 
tion, is, therefore, an argument in favor of the propo¬ 
sition that this is a nation and not a mere confederacy. 

^“More perfect” than under the articles of confeder¬ 
ation, in which the states were declared sovereign and 
independent. The sovereignty is given by the consti¬ 
tution to the general government, which is clothed with 
ample power to maintain its independence. At the 
same time such limitations are placed upon its power 
as will prevent its becoming despotic. 



122 


THE NATION. 


^To establish justice is one of the primary purposes 
of government. Under the articles of confederation 
there had been no national judiciary, and state courts 
often discriminated against foreigners and citizens of 
other states. To remedy this, to establish fair-handed 
justice throughout the land, the national judiciary was 
created by the constitution. 

^‘‘Domestic tranquillity”means here peace among the 
states and within each state. The condition of affairs 
during the confederation period had been woeful. A 
long war had impoverished the people, and unable to 
pay their taxes they had in several places broken out in 
rebellion. Each state by commercial regulations was 
trying to better its fortunes even at the expense of the 
others. These regulations, and disputes about bound¬ 
aries, kept the states quarreling among themselves. 

By transferring to the general government the power 
to regulate commerce with foreign nations and among 
the states, by giving it power to enforce treaties, and 
by creating a tribunal with authority to settle contro¬ 
versies between states, the framers of the constitution 
removed in a large measure the irritating causes of 
discord. But to insure peace, the general government 
was expressly given power to put down insurrections 
in the states. 

^ To defend the country is another of the important 
duties of government. The United States could do 
this better ^an each state could defend itself. Several 
reasons are obvious. Therefore the general govern¬ 
ment was empowered to raise and maintain an army 
and navy, and it thus became “competent to inspire 
confidence at home and respect abroad. ” 

'“To promote the general welfare” was the great 
object for which the government was organized, and all 


THE CONSTITUTION— CONGBESS. 


123 


the provisions of the constitution have that in view. 
This expression was intended to cover all those things 
which a government may properly do for the good of 
the people. It is very elastic, as it was intended to 
be, and has covered acts a§ different as the purchase of 
Louisiana, and the endowment of agricultural colleges, 
the granting of a patent, and the establishment of post- 
offices. 

® This is a worthy climax to the preamble. The great 
struggle, which began in the mother country, continued 
through colonial times, and culminated in the revolu¬ 
tion, had been for liberty. The love of liberty had 
illumined the pathway of the pilgrims crossing un¬ 
known seas; it had glowed in the Declaration of Inde¬ 
pendence; it had warmed the hearts of the half-clad 
soldiers at Valley Forge. 

Liberty had now been won; the problem was how to 
render it secure. The desired security was to be found 
only in the formation of a government having all powers 
necessary for national sovereignty and independence, 
while retaining in the states all powers necessary for 
local self-government. 


CHAPTEE XXL 

AETICLE I. —The Legislative Branch.^ 


Section I.— Congress. 

All legislative powers herein granted^ shall he vested 
in a congress of the United /States^ which shall consist of 
a senate and house of representatives.'^ 





124 


THE NATION. 


^ The division of governmental functions among three 
branches has already been discussed on page 79.. 

The legislative branch comes first and occupies most 
space in the constitution because its framers regarded the 
legislative as the most impQrtant branch. And laws 
must be made before they can be interpreted or executed. 

^ The reason for the creation of two houses or cham¬ 
bers was that thus only could the conflicting claims of 
the large and small states be reconciled. It was, in 
fact, a compromise^ the first of a series. 

Only a few in the convention thought at first of having 
two houses, the plan being to continue as under the 
articles of confederation with one house. On the 
question of apportioning representatives, it was found 
that there was a decided difference of opinion. The 
small states wished to continue the principle of the 
articles of confederation, which gave the several states 
equal power. But the large states insisted that the 
power of a state should be in proportion to its popula¬ 
tion. The differences were finally settled by the 
creation of two houses, in one of which the states 
should have equal power, and in the other the repre¬ 
sentation should be based upon population. 

Connecticut has the honor of furnishing this valuable 
compromise. In her legislature, representation in one 
house was based on population; in the other, the 
towns had equal representation. 

Among the advantages of having two houses, aside 
from that mentioned on page 80, are these: It tends 
to prevent a few popular leaders from carrying through 
laws not designed for the common good; it secures a 
review of any proposed measure by men elected in 
different ways and looking at it from different stand¬ 
points. As our congress is organized, the members of 


HOUSE OF hepresentatives. 


125 


the house of representatives, being elected by popular 
vote and for a short term, are likely to represent with 
considerable faithfulness the wishes of the people. But 
the people may be for a time wrong—as, for instance, in 
the persecution of the witches ’’—and senators, who by 
their mode of election and length of term are made 
somewhat independent, can comparatively without fear 
do what seems right, even if temporarily unsupported 
by public opinion. 

Section II. —House of Representatives.^ 
Clause 1.—Composition and Term. 

The house of representatives shall he composed of mem¬ 
bers chosen every second yeai^ hy the people of the several 
states^ and the electors'^ in each state shall have the qualifi¬ 
cations requisite for electors^ of the most numerous hranch 
ef the state legislature.^ 

^ So called because it ‘ ‘represents” the people. 

^ The term under the confederation had been one year, 
^fhis was too short to permit any adequate study of the 
subjects to be legislated upon. This longer term, two 
3 ^ears, is still short enough to impose upon representa¬ 
tives the feeling of responsibility. 

The term begins March 4, at noon. The time covered 
by a representative’s term is called a congress; thus we 
speak of the fortieth congress, meaning the fortieth 
two years of our constitutional existence. The name 
also applies to the body constituting our national legis¬ 
lative department during that time. Thus we say that 
a certain person is a member of congress. 

“A congress” includes two regular sessions and any 
number of extra sessions which the president may see 
fit to call or which may be provided for by law. The 


126 


THE NATION. 


first regular session is called “ the long session,” be¬ 
cause congress may remain in session through the 
summer, if it choose. The second is called ‘‘ the short 
session,” because it must end March 4, at noon. Expir¬ 
ing thus by limitation, it lasts not more than about 
three months. 

® The word people here means voters. 

Each state is divided by its legislature into congres¬ 
sional districts equal in number to the representatives 
to which it is entitled, and the people of each district 
elect one representative. Sometimes when a state has 
its representation increased after a new census, the old 
congressional districts are left for a time undisturbed, 
and the added representatives are elected at large,” 
while the others are chosen by districts as before. 

^Voters. 

® The qualifications for voting in any state are fixed 
by the state itself, and different states require different 
qualifications. Mdien the constitution was framed, but 
not now, some states required higher qualifications in 
voters for the upper house of the state legislature than 
in voters for the lower; so that more persons could vote 
for members of the lower, which is always the ‘‘most 
numerous” branch, than for the higher. Desiring to 
make the United States house of representatives as 
“popular” as possible, the framers of the constitution 
determined that all whom any state was willing to 
trust to vote for a member of the lower house of the 
state legislature, the United States could trust to vote 
for members of its lower house. 

Clause — Qualifications. 

1^0 person shall he a representative who shall not have 
attained the age of twenty five years^ and heen seven 


QUALIFICATIONS OF MEMBEBS. 


127 

years a citizen of the United States,^ and who shall not, 
when elected, he an inhahita/nt of that state in which he 
shall he chosen. 

^For business and voting purposes a man ‘‘comes of 
age” at twenty-one years. Four years of probation 
are considered the least amount of time necessary to fit 
him for the responsibilities of a member of the house of 
representatives. 

^ A born citizen will at twenty-five years of age have 
been a citizen for twenty-five years. A naturalized 
citizen must have lived in the United States for at least 
twelve years,* five years to become a citizen and seven 
years afterwards, before being eligible to the house of 
representatives. These twelve years will have given 
him time to become ‘ ‘Americanized. ” 

^ Kesidence in the state is required in order that the 
state may be represented by persons interested in its 
welfare. No length of time is specified, however. Res¬ 
idence in the district is not required by the constitution, 
because the distribution of representatives within a state 
is left to the state itself. A person may be chosen to 
represent a district in which Ire does not live, and this 
has been done in a few instances. One does not lose 
his seat by moving from the district or even from the 
state, but propriety would impel resignation. 

Who may not be Representatives. 

1. Persons holding any office under the United 
States. [I., 6, 2.] 

2. Persons who by engaging in rebellion against the 
United States have violated their oath to support the 
constitution, unless the disability be removed. [Am. 
XIV., 3.] 

* Eight years iu the case of an honorably discharged soldier who may 
become a citizen on one year’s residence. 


128 


THE NATION, 


Clause 3. — Apportionment. 

The parts of this clause enclosed in brackets are now obsolete. 

Eepresentatives and direct taxes'^ shall le apportioned 
among the severed states which may he included within 
this TJnion^ according to their respective numhers^^ \which 
shall he determined hy adding to the whole number of 
free persons,^ including those hound to service^ for a num¬ 
ber of years,^ andi\ excluding India^is not taxed,^ [three- 
fifths of all other per sons.The actual enumeration^ 
shall he made within three years after the first meeting 
of the congress of the United Statesand within every 
subsequent term of ten years^ in such manner as they 
shall hy law direct. The number of representatives shall 
not exceed one for every thirty thousand.,^ hut each state 
shall have at least one representativef [and until such 
enumeration shall he made^ the State of New Hampshire 
shall he entitled to choose three.^ Massachusetts eight.) 
Rhode Island and Providence Plantations one., Com 
necticut five, New York six, Neiv Jersey four, Pennsyl¬ 
vania eight, Delaware one, Maryland six, Virginia ten. 
North Carolina five. South Carolina five, and Georgia 
three. ] 

^ These are like the usual local taxes; that is, poll ” 
taxes and taxes on real and personal property. A tax 
on incomes derived from such property was, in May, 
1895, declared hy the United States Supreme Court 
to be a direct tax. United States direct taxes have 
been laid only in 1798, 1813, 1815, 1816, 1862. 

^ The revolutionary war had just been fought to main¬ 
tain the principle, “ taxation and representation go hand 
in hand,” and this provision was made in harmony 
therewith. The including of direct taxes was a conces¬ 
sion to the slaveholding states. 


APPOTtTIONMENT. 


129 


® Men, women and children. ^ Apprentices. 

® Slaves. The framers of the constitution did not like 
to use the word “slave,” and therefore used this expres¬ 
sion. Most of them, even the slaveholders, hoped that 
slavery would soon cease to be. 

In determining the persons to be enumerated, much 
difficulty was encountered. The slaveholding states 
wished the slaves counted as individuals, claiming that 
they had as much right to be represented as had women, 
children and other non-voters. The non-slaveholding* 
states thought that being held as property they should 
not be counted at all for purposes of representation. 
This provision in the constitution was the outcome, 
—another compromise. 

hCalled the Census. The prime purpose in taking the 
census is to find out the number of people in each state, 
so that representation may be equalized. But the cen¬ 
sus takers collect at the same time a vast amount of other 
useful information upon the agriculture, manufactures, 
commerce, etc., of the country. Eeports of the census 
are published by the government for gratuitous distri¬ 
bution. 

"The first meeting of congress was held in 1789, and 
the first census was taken in 1790. 

® To prevent the House from becoming too large. But 
the population of the United States has constantly and 
rapidly increased, so that the “ratio of representation,” 
as it is called, has been made greater at each census. It 
now takes 173,901 people to secure a representative. 
(For ratio in each decade, see pages 312-13.) 

^ So that even the smallest states shall be represented. 

* In all the states except Massachusetts slavery then existed. But in the 
northern states the number of slaves was so small, that we may call them 
“non-slaveholding.” 


130 


THE NATION. 


Clause — Yacancies. 

When vacancies^ happen in the representation from 
any state., the executive authority^ thereof shall issue 
writs of election^ to fill such vacancies. 

^Vacancies usually happen through the death or resig¬ 
nation of the incumbent. But a vacancy may be made 
by the expulsion of a member or by the election of an 
ineligible person. 

^ The governor or acting governor. 

^That is, he orders an election. The order is printed 
in the newspapers of the district, and specifies the time 
the election is to be held. At the time specified the 
electors vote as in regular elections. This is called a 
“special election.” 

^ The person elected serves for the unexpired term. 

Clause 6.—House Powers. 

The House of Representatives shall choose their speakeY 
amd other officers f and shall have the sole power of im¬ 
peachment.'^ 

^ Called so in imitation of the title of the presiding 
officer of the British House of Commons, who was 
originally called the speaker because he acted as spokes¬ 
man in communicating to the king the wishes of the 
House. 

The speaker is chosen by ballot from among the 
members, and serves during the pleasure of the House. 
At the beginning of each congress a new election is 
held. A speaker may be re-elected. Henry Clay 
served as speaker for ten years. 

The duties of the speaker are prescribed by the rules 
of the House. So far, he has always appointed the 


HOUSE POWERS. 


131 


committees. As the work of legislation is largely 
shaped by committees, it may he fairly asked whether 
any one else can so affect the legislation of the country 
as can the speaker—whether, indeed, he has not too 
much power. 

^The most important “other officers” are the clerk 
and the sergeant-at-arms. 

The clerk, as his title would indicate, has charge of 
the records of the House. He has a number of assistants. 

The sergeant-at-arms acts under the orders of the 
speaker in keeping order and in serving processes. His 
duties in the House resemble those of the sheriff in 
court. 

The doorkeeper, postmaster, and chaplain, have 
duties indicated by their titles. 

These officers are elected by the House and serve 
during its pleasure, usually two years. Assistants are 
appointed by the officers whom they assist. 

None of these officers are members of the House. 

^An impeachment is a solemn accusation in writing, 
formally charging a public officer with crime. “The 
articles of impeachment are a sort of indictment; and 
the House, in presenting them, acts as a grand jury, 
and also as a public prosecutor.”* 

For further discussion of impeachment, see pages 138, 
203 and 331. A very interesting account of the im¬ 
peachment trial of Secretary Belknap is given in 
Alton’s Among the Lawmakers^ pages 245-250. Mr. 
B. is hidden under a fictitious name. 

On impeachment, see also Wilson’s Congressional 
Government., page 275. 

* Story’s Exposition of the Constitution of the United States. 


132 


THE NATIOJS. 


WRITTEN EXERCISE. 

Each mem])er of the class should prepare a tabulation 
like this, filling out the blanks briefly. 


House of Repeesentatives. 

I. Number— 

1. Based upon. 

2. Limitations. 

(a) 

(b) 

II. Qualifications. 

1 . 

2 . 

3. 

4. 

5. 

III. Election— 

IV. Term— 

V. Vacancy— 


Pertinent Questions. 

What is a constitution? A law? A preamble? How many 
of the reasons assigned in the preamble for establishing this 
government are general and how many are special? 

How many houses do most legislative bodies have? How^ 
many did the congress under the confederation have? Why? 
Why has congress two houses? 

How many representatives has this state in the U. S. con¬ 
gress? Give their names by districts. In which district do 
you live? When was your representative elected? By the 
census of 1880, Alabama had a population of 1,262,505; how 
many representatives should it have? Nevada had only 62,261 
inhabitants, but has a representative; how do you account for 
the fact? What proportion of U. S. officers are elected? 

What is the “most numerous branch” of this state’s legisla¬ 
ture called? What qualifications must electors to that house 
have? Whom else can such persons therefore vote for? If 
this state desired higher qualifications in electors for United 
States representatives, how could she require them? Should 
not the United States designate the qualifications of voters for 
members of congress? May one who is not a citizen of the 
United States vote for a member of congress? 




PERTmENT QUESTIONS. 


133 


What is the number of the present congress? When did it 
begin? How many members in the present House of Kepre- 
sentatives? Just how was that number determined? Name 
the speaker. What political party is in the majority in the 
present House? Is congress now in session? 

Must a representative reside in the district from which he is 
chosen? If your representative should move to another state, 
would he lose his seat? If a person twenty-four years and ten 
months old at the time of election should be chosen repre¬ 
sentative, would he be eligible? 

How long must an alien live in the United States to be 
eligible to the house? Is there any exception? 

^ If $13,000,000 were to be raised for the use of the United 
States by direct taxation, how much would this state have to 
pay? How much would Alaska have to pay? How would this 
state raise the money? 

Are there any people in this state who are not counted in 
making up the representative population? 

When was the first United States census taken? How many 
have since been taken? When was the last taken? When will 
the next be taken? 

How did members of congress vote under the confederation ? 
How do they now vote? 

How is Utah represented in congress? The 

District of Columbia? 

AVhat five states had the largest representation in the first 
congress? What five have now? Which two have fewer 
members now than in the first congress? AVhich three have 
just the same number? 

Name the present officers of the House of Representatives. 
Are any of them from this state? 

How does our House of Representatives compare with the 
British House of Commons in the number of members? In 
the length of their terms? In the age required for eligibility? 
What famous speech have you read in reply to one in which a 
certain member of the House of Commons had been alluded to 
contemptuously as “a young man?” 

Could one who is not a voter be elected to the house? Is a 
woman eligible? Could the state impose other qualifications 
than those mentioned in the constitution? 


134 


THE NATION. 


Section III.— The Senate.^ 

Clause 1. — Composition. 

Tlie Senate of the United States shall he composed of 
tico senators from each state^^ chosen hy the legislature 
thereof^ for six yearsf and each senator shall ha/ve one 
vote.^ 

^ Latin senatus^ from senex^ an old man. This digni¬ 
fied term seems a favorite, being used in many countries 
to designate the upper house. In other countries a term 
is used having the same signification. 

^This arrangement will be remembered as the con¬ 
cession made by the large states to the small ones. 

Had the number of senators been fixed at one from 
each state, equality of power among the states would 
still have been secured; but sickness or accident might 
then leave a state unrepresented. By having two, this 
difllculty is obviated. The two can consult about the 
needs of their state; and the Senate is large enough to 
‘‘confer power and encourage firmness.” Three from 
each state would bring no advantages which are not 
now secured, while the Senate would be unnecessarily 
large and expensive. 

®This mode of election was fixed upon for two rea¬ 
sons: First, the senators represent the state, as such, 
and hence it seemed proper that they should be chosen 
by the body which acts for the state in its corporate 
capacity; second, the members of the House of Repre¬ 
sentatives being elected by the people, it was deemed 
advisable to elect the senators in a different way, in 
order that, by representing different elements, each 
house might act as a check upon the other. Incidentally, 
election by the legislature was considered good, be- 


CLASSIFICATION AND VACANCIES. 135 

cause it would serve as a connecting link between the 
states and the United States. 

^The long term gives dignity and independence to the 
position of senator; it gives assurance of stability in 
the national councils, and tends to secure for them con¬ 
fidence at home and respect abroad; it raises senators 
“above the whims and caprices of their constituents, so 
that they may consult their solid interests, rather than 
their immediate wishes.” 

^ Under the confederation each state had from two to 
seven members of congress, but only one vote. If the 
delegation was equally divided on any question, or if 
only one member was present, the state lost its vote. 

By the present arrangement a state need not go 
entirely unrepresented on account of the absence of one 
of its senators. 

Clause —Classification and Yaccmcies. 

Immediately after they shall he assembled in conse¬ 
quence of the first election., they shall he divided., as 
equally as may he., into three classes} The seats of the 
senators of the first class shall he vacated at the expiration 
of the second year ; of the second class., at the expiration 
of the fourth year ; and of the third class., at the expira¬ 
tion of the sixth year; ^ so that one-third may he chosen 
every second year; and if vacancies happen hy resignation, 
or otherwise, during the recess of the legislature of any 
state, the executive thereof may make temporary appoint¬ 
ments until the next meeting of the legislature, which 
shall then fill such vacancies? 

1 The object of this division is to secure for the Senate 
at all times a large proportion of experienced members. 
By this arrangement, too, the Senate becomes a per- 


136 


THE NATION. 


manent body, ready at any time to convene for the con¬ 
sideration of treaties, for the trial of impeachments, or 
for confirming executive appointments. 

^ Only ten states were represented when, on May 15, 
1789, this classification was first made. (North Caro¬ 
lina and Ehode Island had not yet ratified the consti¬ 
tution, and New York’s senators had not yet presented 
their credentials.) The twenty senators had on the 
preceding day been grouped by name into three classes, 
two of seven senators each, and one of six. By the 
drawing of three numbered slips of paper, seven fell 
into class 1, seven into class 2, and six into class 3, 
with terms ending March 3, 1791, 1793, and 1795, 
respectively. After the classification had been fixed, 
the two senators from New York appeared. One was 
placed, by lot, in class 3 (thus filling the classes), and 
then the other, also by lot, in class 1. The two sena¬ 
tors from the next state. North Carolina, were there¬ 
fore placed in the unfilled classes 2 and 3. Since 
1795, each class holds for six years, and a senator’s 
term expires with that of his class. 

^ Senators represent the state, and are elected by the 
body which acts for the state,—by the legislature if 
in session, temporarily by the governor if it is not. 

Clause 3. — Qualifications. 

No person shall he a senator., who shall not have 
attained to the age of thirty years^ and been nine years a 
citizen of the United States^ and who shall not, when 
elected, he an inhahitant of that state from which he shall 
he chosen? 

^ This was also the age for eligibility to the Koman 
Senate. It is five years more than the requirement 
for membershi]) in the House. 


THE SENATE — PBESIDING OFFICEE. 137 

^Two years of citizenship more than required of a 
representative. As the Senate acts with the president 
in making treaties, this requirement seems none too 
great. 

^The propriety of this is self-evident. (I. 2: 2.) 

Clause Ji,.—Presiding Officer. 

The vice-president of the United States shall he 'president 
of the Senate^^ hut shcdl have no vote^^ unless they he 
equally divided.'^ 

^This arrangement was made for three reasons: 

First. It would give the vice-president something 
to do. 

Second. Partaking in the executive business of the 
Senate would give the vice-president excellent training 
for the duties of the presidency, in case he should be 
called thereto. 

Third. The equality of power among the states 
would remain undisturbed. Had it been arranged that 
the Senate should choose its own presiding officer from 
among its members, one state might thereby gain (or 
lose) power in the Senate. 

^ Because he is not a member of the Senate.. For this 
reason, also, he cannot take part in debates, nor can 
he appoint committees. These are elected by the Senate 
itself. 

®But for his casting vote; a “dead-lock” might occur 
on some important question. This “might give rise to 
dangerous fucds, or intrigues, and create state or 
national agitations.” 

Claused .— Other Officers. 

The Senate shall choose their other officers.^ and also a 
'president pro tempore^- in the absence of the vice-president^ 


138 


THE NATION. 


or when he shall exercise the office of president -of the 
United States. 

^These are similar to those of the House. (Seep. 131.) 

2 The president pro tempore is chosen from among the 
senators. Being a senator, he can debate and vote upon 
any question. He cannot, of course, give a “casting 
vote,” because that would virtually give him two votes. 

The president pro temp>ore serves during the pleasure 
of the Senate, or until the expiration of his senatorial 
term. 

It is the general practice for the vice-president to 
vacate his chair at the beginning of the session, to per¬ 
mit the Senate to chose a president tempore., so that 
if during vacation the vice-president should become 
president, the Senate might not be without a presiding 
officer. Until recently this was quite important, for 
the president pro tempore of the Senate was next to the 
vice-president in the succession to the presidency. But 
the succession has been changed. (See p. 190.) 

Clause 6. — Impeachment. 

The Senate shall hare the sole power to try all impeach¬ 
ments.'^ When sitting for that purjoose., they shall he on 
oath or affirmation.'^ When the president of the United 
States is tried., the chief justice shall preside f and no 
person shall he convicted without the concurrence of two- 
thirds of the members p)resent.'^ Judgment in cases of 
impeachment shall not extend further than to removal 
from office^ and disqualification to hold and enjoy any 
office of honor^ trust or profit., under the United States f 
hut the party convicted shall., nevertheless., he liable and 
subject to indictment., trial, judgment and punishment, 
according to law.^ 


THE SENATE — IMPEACHMENT. 


139 


^For the mode of conducting impeachments, see 
pages 131 and 331. 

To have impeachments tried by a court of law would 
be unwise for several reasons: In the first place, judges 
should be kept free from political contests, in order 
that they may retain the proper judicial frame of mind. 
In the second place, judges are appointed by the 
executive, who may be the one impeached. Lastly, a 
judge is himself subject to impeachment. 

^ To enhance the solemnity of the occasion. The British 
House of Lords when sitting as a high court of impeach¬ 
ment is not under oath. But courts usually are. 

^The vice-president, having interest in the result, 
would be disqualified. The chief justice, from the dig¬ 
nity of his station and his great experience m law, seems 
the fittest person to preside on such a grave occasion. 
Except in this single instance, however, the vice-presi¬ 
dent presides in trials on impeachment. 

^In an ordinary court, the verdict of the jury must be 
unanimous. To require similar agreement in this case 
would be to make it next to impossible ever to convict. 
To allow a bare majority to convict would be to place 
too little protection over a public officer. 

®But for this provision abuses of power might occur 
in times of political excitement and strife. The question 
which the Senate settles is simply whether, in view of 
the evidence, the accused is or is not worthy to hold 
public office. 

^ This provision was inserted to prevent an official who 
had been deposed for crime from pleading the principle 
that “No one can be twice tried and punished for the 
same offense.” 


140 


THE NATION. 


WRITTEN EXERCISE. 
Comparative Tabulation. 


Points Considered. 

1 

1 

House of R. 

Senate. 

“NTn m Vipr . . . . 



Qualifications. -j 

: 1. Age, 

2. Citizenship, 
i 3. Inhabitancy, 



■Rlpption . 



Term. 



Vnrn.npv... 



Presiding Officer. 

Snip Powers. 

f ]. Title, 
i 2. How chosen. 









Debate. 

Resolved, That United States Senators should be elected by 
the people. 


Pertinent Questions. 

Name the present senators from this state. AYlien were they 
elected ? Were they elected to till a vacancy or for a full term? 
How many times has each been elected? 

How many more senators has New York that Rhode Island? 
How many members in the present Senate? How many in 
each class? When the next state is admitted, in what classes 
will its senators be placed? How will the class of each be de¬ 
cided? 

Why not have senators chosen for life? 

If one of our senators should resign today, to whom would 
the resignation be addressed ? How would the vacancy be filled? 
How long would the appointee serve? Could the governor 
appoint himself? 

How long at least must an alien live in the United States 
before being eligible to the Senate? Has anyone ever been 
refused admission, after being duly elected, on account of 
shortness of citizenship? 

Who is now vice-president? Who is president pro tempore of 
the Senate? Why is it not correct under any circumstances to 
speak of the president pro tempore as vice-president? 

Has the vice-president’s vote ever helped to carry any 
measures of great importance? 


















ELECTIONS TO CONGBESS. 


141 


If every senator be “present,” what number of senators 
would it take to convict? Does the accused continue to per¬ 
form his official duties during the trial? W as President John¬ 
son impeached? Is there any appeal from the Senate’s verdict? 
How do senators vote in cases of impeachment? How is judg¬ 
ment pronounced? 

What punishments follow conviction on impeachment in 
other countries? 

What is treason? Bribery? What are crimes? High crimes? 
Misdemeanors? 

How is an impeachment trial conducted? (See appendix.) 


Section IY.—Elections and Meetings. 

Clause 1.—Elections to Congress. 

TJie times., places and manner of holding elections for 
senators and representatives., shall he prescribed in each 
state by the legislature thereof: but the congress way at 
o,ny time., by law, make or alter such regulations, ^ except 
as to the place of choosing senators.'^ 

^ Until 1842 these matters were left entirely with the 
several states. Congress then provided that repre¬ 
sentatives should be elected by districts of contiguous 
territory, equal to the number of representatives. It 
has since provided that elections for representatives 
shall be by ballot, and that the election shall be on the 
first Tuesday after the first Monday of November in the 
even numbered years. 

The time and mode of electing senators are given on 
page 333. 

^ This would in effect be giving congress power to 
locate the capital of a state. 

Clcmse 2. — Meetings. 

The congress shall assemble at least once in every year, 
and such meeting shall be on the first Monday in Decem¬ 
ber, unless they shall by law appoint a different day., 

13 


THE NATIOK 


142 

They ha-ve not l)y law appointed a different day. 

“Annual meetings of the legislature have long been 
deemed, both in England and America, a great security 
to liberty and justice.” By making provision in the 
constitution for annual meetings, the duty could not be 
evaded. 

Extra sessions of congress may be called at any time 
by the president or be provided by law. There used 
to be three sessions, one beginning March 4. 

The jplace of meeting is not named, because the capital 
had not been located, and in some cases it might be 
desirable to hold the session elsewhere. 

Section V.—Separate Powers and Duties. 

Clause 1, — Membership: Quorum, 

Each house shall be the judge of the elections^ returns 
and qualifications of its own membersand a majority of 
each shall constitute a quorum to do businessf but a 
smaller number may adjourn from day to day,, and may 
be authorized to compel the attendance of absent members^ 
in such manner^ and under such penalties,, as each house 
may provide.'^ 

^ This means simply that each house has the power to 
determine who are entitled to membership in it. This 
has long been recognized in free countries as a right 
belonging to a legislative body, necessary to the main¬ 
tenance of its independence and purity—even its ex¬ 
istence. But when the parties are nearly balanced, the 
majority is tempted to seat its fellow-partizan. 

^ This is the number usually established as a quorum 
for a deliberative body. Certainly no smaller number 
should have a right to transact business, for that would 
give too much power to an active minority. And to 


DISCIPLINE — P UBLICITY. 143 

require more than a majority, would make it possible 
for a minority to prevent legislation. 

^ Under the rules no member has a right to be absent 
from a session unless excused or sick. Unexcused 
absentees, unless sick, may be arrested and brought to 
the capitol by the sergeant-at-arms or a special mes¬ 
senger. 

When fewer than fifteen members are present, they 
usually adjourn. 


Clause 2. — Discipline. 

Each house may determine the rules of its proceedings.^^ 
punish its memhers for disorderly behavior.^ and with the 
concurrence of two-thirds.^ expel a member. 

^ The rules are intended to facilitate business, by pre¬ 
venting confusion and unnecessary delay. They are 
designed also to check undue haste. 

The rules of each house are based upon the English 
parliamentary practice, as are the rules of all legislative 
or deliberative bodies wherever the English language is 
spoken. (See ‘‘Manuals” of Senate and House.) 

^ It seems unlikely that even in times of great excite¬ 
ment two-thirds of either house would favor expulsion 
unless it were deserved. This is also, it will be ob¬ 
served, the number necessary to convict in case of 
impeachment. 

Clause S. — Publicity. 

Each house shall keep a journal of iU proceedings.^ and^ 
from time to time.^ publish the samej excepting such imrts 
as may^ in their judgment.^ require secrecy f and the yeas 
and nay^ of the members of either house., shall at the 
desire of one-fifth of those present., be entered on the 
journal."^ 


144 


THE NATION. 


^This is to give publicity to the proceedings of con¬ 
gress, for the benefit of both legislators and constitu¬ 
ents. This provision is a valuable one, in spite of the 
fact that demagogues are sometimes able thereby to 
gain cheap glory. 

To give still further publicity to the proceedings, 
spectators and newspaper reporters are admitted to 
the gallery of each house, and members may have 
their speeches printed and distributed. 

^ The House of Representatives rarely has a secret ses¬ 
sion. But the Senate still keeps its executive sessions 
secret. 

® For methods of voting see page 344. 

^ The purpose of this provision is to make members 
careful how they vote, for the record is preserved. It 
will be noticed that the number necessary to secure the 
record is small. 

While this provision is intended to protect the 
minority, by enabling them to impose responsibility 
upon the majority, it is open to abuse. It is sometimes 
used by a minority to delay unnecessarily the proper 
transaction of business. (For a graphic account of 
“filibustering,” see Among the Law Makers, 165-173.) 

Clause Jf,. — Adjournment. 

Neither house., during the session of congress., shall 
without the consent of the other., adjourn for more than 
three days., nor to any other place than that in which the 
two houses shall he-sitting. 

The purpose of this provision is evident. 

The sessions of congress may end in any one of three 
ways: 

1. The terms of representatives may end. 

2. The houses may agree to adjourn. 




HOUSE OF REPRESENTATIVES 


WESTERN LOBBY 






















































































































































































STATE, WAR AND NAVY DEPARTMENTS. 



INTERIOR DEPARTMENT. 


































MEMBERS—PRIVILEGES. 


145 


3. In case of disagreement between the houses as to 
the time of adjournment, the president may adjourn 
them. (This contingency has never yet arisen, how¬ 
ever.) 

Section YI.—Members. 

Clause 1. — Privileges. 

The senators and representatives shall receive a compen¬ 
sation for the services to he ascertained hy lawf^ and paid 
out of the treasury of the United States.'^ They shall in 
all cases except treason^ felony f and breach of the peace., 
he privileged from arrest during their attendance at the 
session of their respective houses., and in going to and 
returning frmn the samef and for any speech or dehate in 
either house., they shall not he questioned in any other 
place.^ 

^ See discussion in connection with state legislature, 
p. 85. 

^The salary of congressmen is, therefore, fixed by 
themselves, subject only to the approval of the presi¬ 
dent. It is now $5000 a year, and mileage. The 
speaker receives $8000 a year and mileage. The presi¬ 
dent tempore of the Senate receives the same Avhile 
serving as president of the Senate. 

^They are serving the United States. 

^Defined on pages 158 and 211. 

® So that their constituents may not for frivolous or 
sinister reasons be deprived of representation. 

‘^That is, he cannot be sued for slander in a court of 
justice, but he can be checked by his house, if neces¬ 
sary, and the offensive matter omitted from the Eecord. 

The purpose of this provision is not to shield cowards 
in speaking ill of persons who do not deserve reproach, 
but to protect right-minded members in exposing 


146 


THE NATION, 


iniquity, no matter how the doers of it may be in¬ 
trenched in wealth or power. 

Clause 2. — Restrictions. 

No senator or representative shall., during the time for 
which he was elected., he appointed to any civil office 
under the authority of the United States., which shall have 
heen created., or the emoluments whereof shall have been 
increased duving such time f and no person holding any 
office under the United States shall he a member of either 
house during his continuance in office."^ 

^The obvious purpose of this provision is to remove 
from members of congress the temptation to create 
offices with large salaries for their own benefit, or to 
increase for a similar reason the salaries of offices 
already existing. It was designed also to secure con¬ 
gress from undue influence on the part of the president. 

The wisdom of the provision has, however, been 
seriously questioned. “As there is a degree of de¬ 
pravity in mankind, which requires a certain degree of 
circumspection and distrust, so there are other qualities 
in human nature, which justify a certain portion of 
esteem and confidence. Republican government pre¬ 
supposes the existence of these qualities in a higher 
form, than any other. It might well be deemed harsh 
to disqualif}' an individual from any office, clearly 
required by the exigencies of the country, simply 
because he had done his duty. * * * xhe chances 

of receiving an appointment to a new office are not so 
many, or so enticing, as to bewilder many minds; and 
if they are, the aberrations from duty are so easily 
traced, that they rarely, if ever, escape the public 
reproaches. And if influence is to be exerted by the 


TABULAR VIEW. 


147 


executive, for improper purposes, it Avill be quite as 
easy, and its operation less seen, and less suspected, to 
give the stipulated patronage in another form.”* 

^This was to obviate state jealousy, to allay the fears 
entertained l)y some that the general government would 
obtain undue intiuence in the national councils. 


TABULAR VIEAV. 

Each pupil may make out a tabulation, giving briefly 
the facts called for in this outline: 

I. Congressional Elections, How Regulated. 

II. Sessions of Congress— 

1. ErequeiicjL 

2. Time of beginning. 

III. POAVERS AND DUTIES OF EACII IIOUSE— 

1. Membership. 

2. Quorum. 

3. Discipline. 

4. Publicity. 

5. Adjournment. 

W . Meaibers of Congress— 

1. Privileges. 

2. Restrictions. 


Delate. 

Resolved, That members of the cabinet should have seats in 
congress cx officio. 


Pertinent Questions. 

Why not leave the power to regulate congressional elections 
unreservedly witli the states? Where are the United States 
senators from this state elected? 

How are United States senators elected? See appendix. 

Is congress now in session? Will the next session be the 
long or the short one? AVlien, within your recollection, was 
there an ‘^extra session” of congress? Could the president 


* Judge Story. 



148 


THE NATION. 


convene one house without the other? lYliicli is the longest 
session of congress on record? Does congress meet too often? 

Where does congress now meet ? Is that the best place? At 
what different places has congress met since the adoption of 
the constitution? 

If two persons should claim the same seat in the House of 
Eepresentatives, who would decide between them? How would 
the contest be carried on? (See page 380.) Has there ever 
been a “contested” election from this state? 

What number of representatives is the least that could 
transact business? The least number of senators? The least 
number of representatives that could possibly pass a bill? Of 
senators? What is done if at any time during the proceedings 
it is found that there is “no quorum present?” 

Has a member ever been expelled from either house? May 
either house punish for disorder persons who are not members? 
Can either house temporarily set aside all of its rules? 

Did you ever see a copy of the Congressional Record? If 
congress be now in session, make a weekly report of its pro¬ 
ceedings. How could you see congress in session ? Could you 
be a spectator at a committee meeting? How could you wit¬ 
ness an “executive session” of the Senate? 

Can a member be punished for an offense committed before 
he was elected? 

How is voting usually done in a deliberative assembly? How 
in congress? How are territories represented in congress? 

Distinguish between the “capital” and the “capitol” of the 
United States. Who has power to locate the capital of the 
United States? 

Has the salary of congressmen ever been more than $5000 a 
year? How w^ere congressmen paid under the confederation? 

What is meant by the House resolving itself into a committee 
of the whole? 

When does the freedom from arrest of a member of congress 
begin? When does it end? Could a summons be served upon 
him during that time? 

What is slander? Libel? Is a member of congress liable 
for the publication of his speech in the Congressional Record? 
Would he be responsible if he should have it published in any 
other than the official way? 

Can a member of congress resign to accept an office already 
in existence, and whose emoluments have not been increased 
during his term? Give examples. If a United States officer 
be elected to congress, how long can he retain his office? Could 
a member of congress be appointed to a military office created 
during his term? Can a member be appointed'a/ter his term is 
out to an office created during his term? 

Is a member of congress an officer of the United States? 


REVENVE BILLS—MODE OF MAKING LAWS. 149 


Section VII.— Law Making. 

Clause 1.—Revenue Bills. 

All hills for raishig revenue^ shall originate in the 
House of Representatives f hut the Senate may propose or 
concur with amendments^ as on other hills.^ 

^ That is, bills in relation to the levying of taxes or 
for bringing money into the treasury in any other way. 

^Because the representatives are nearer to the,people., 
who must pay the taxes, and can therefore be more 
readily held to account. 

® Such bills in England originate in the House of Com¬ 
mons, and the House of Lords has no power of amend¬ 
ment. 

The purpose of giving the Senate power to amend is 
to preserve the due influence of the small states in this 
important matter. 

Clause 2.—Mode of Making Laws. 

Every hill which shall have passed the House of Repre¬ 
sentatives and the Senate^ ^ shall., before it becomes a law., 
he presented to the president of the United States f if he 
approve., he shall sign it; hut if not., he shall return it., 
with his objections., to that house in which it shall have 
originated^ who shall enter the objections at large on their 
journal^ and proceed to reconsider it. If after such 
reconsideration., ttoo-thirds of that house shall agree to 
pass the hill., it shall he sent., together with the objections., 
to the other house., by which it shall likewise he considered., 
and., if approved by tioo-thirds of that house., it shall 
become a laio.^ But in all such cases the votes of both 
houses shall he determined by yeas and nays., and the 
names of the persons voting for and against the hill shall 


150 


THE NATION. 


he entered on the journal of each house., respectively.'^ If 
any hill shcdl not he returned hy the president toithin ten 
days {Sundays excepted) after it shall have heen 2 >vesented 
to him., the same shall he a law, in like manner as if he 
had signed it,^ xmless the congress, hy their adjournment, 
p)revent its return, in which case it shall not he a law.^ 

^ Or the Senate and House of Kepresentatives, since 
any bills except those for raising revenue may originate 
in either house. 

^ The two great purposes of giving the president a 
negative upon legislative acts, arc to protect the proper 
authority of the executive from the encroachments of. 
the congress, and to interpose a stay upon hasty legis¬ 
lation. 

® The veto of the "Roman Tribune was final, as is that 
of almost every European sovereign today. But no 
British king or queen has vetoed an act of Parliament 
in the last hundred and eighty years. In Norway, if a 
bill, vetoed by the king, passes three successive Stor¬ 
things, it becomes a law. 

Our president’s veto is not meant to be final. Its 
purpose is simply to call for a review of the matter. 

^ To secure a permanent record for future reference. 
This helps to render members careful how they vote. 

^ This gives due time for consideration, but prevents 
the president’s killing a bill by ignoring or neglecting 
it. 

® Thus congress (which has the very human failing of 
“ putting off ” or postponing) cannot break down the 
veto power of the president, by pouring an avalanche 
of bills upon him within the last few days of the 
session. 

But the president can easily kill any bill which he 
does not like, if it is presented within ten days of the 


JOINT RESOLUTIONS. 


151 


adjournment of congress, by simply keeping it. This is 
called “ pocketing ” a bill, or ‘‘ the pocket veto.” 

Clause 3.—Joint Resolutions. 

Every orderresolution^ or vote to which the concurrence 
of the Senate and House of Representatives may he neces¬ 
sary {except on a question of adjournment)^ shall he pre¬ 
sented to the president of the United States; and before 
the same shall tahe effect^ shall he approved hy him., or, 
being disapproved hy him, shall he rep>assed hy two-thirds 
of the Senate and House of Representatives, accordi..y to 
the rules and limitations prescribed in the case of a bill. 

The purpose of this provision is to prevent congress 
from passing a law under some other name. 

The resolution to adjourn is excepted, because, as we 
have seen, the time for adjournment is generally a mat¬ 
ter of agreement between the houses. 

A resolution passed by the two houses, but not in¬ 
tended to have the force of law, such as an agreement 
to do something, is called a concurrent resolution, and 
does not require the president’s signature. 


Pertinent Questions. 

What is a “bill?” What is meant by entering the objections 
“at large?” Why is there no committee of ways and means 
in the Senate? 

How many members in each house does it take for the first 
passage of a bill? How many after the president’s veto? Does 
the expression two-thirds refer to the entire number in a 
house, or to the number voting? 

State three ways in which a bill may become a law. Five 
ways in which it may fail.^ 

During w'hat time has the president the equivalent of an 
absolute veto? 

Does a resolution merely expressing an opinion of either or 
both houses need the president’s signature? Does a resolution 
proposing an amendment to the constitution? 

Is the president bound to enforce a law passed over his veto? 


152 


THE NATION. 


A Summary. 

“We have now completed the review of the structure 
and orfranization of the legislative department; and it 
has been shown that it is admirably adapted for a 
wholesome and upright exercise of the powers confided 
to it. All the checks which human ingenuity has been 
able to devise, or at least all which, with reference to 
our habits, our institutions, and our diversities of local 
interests, to give perfect operation to the machinery, to 
adjust its movements, to prevent its eccentricities, and 
to balance its forces: all these have been introduced, 
with singular skill, ingenuity and wisdom, into the 
arrangements. Yet, after all, the fabric may fall; for 
the work of man is perishable. Nay, it must fall, if 
there be not that vital spirit in the people, which alone 
can nourish, sustain and direct all its movements. If 
ever the day shall arrive, in Avhich the best talents and 
the best virtues, shall be driven from office by intrigue 
or corruption, by the denunciations of the press or by 
the persecution of party factions, legislation will cease 
to be national. It will be wise by accident, and bad by 
system.”* 

Review. 

Compare the organization of congress under the constitution 
with that of congress under the confederation. Show the 
superiority of our present organization. Specify some of the 
“checks” referred to by Judge Story, 

Head Woodrow Wilson’s Congressional Government, pp. 40, 
41, 52, 219, 228, 283-5, 311. Also, Among tlie Lawmakers, 
Chapter 33. 


*Story’s Exposition of the Constitution of the United States. 


LOWERS VESTED IN CONGRESS. 


153 


CHAPTER XXIL 
Section VIII.— Powers Vested in Congress. 

Clause 1. — Taxation. 

Congress shall ham power: 

To lay and collect taxes^^ dutiesimposts and excises.^ to 
pay the debts and provide for the common defense and 
general welfare of the United Statesf but all duties., 
imposts and excises shall be uniform throughout the 
United States.^ 

For discussion of methods of taxation, see page 316. 

^The want of power in congress to impose taxes was, 
perhaps, the greatest defect of the articles of confeder¬ 
ation; therefore in the constitution this was the first 
power granted to congress. 

^As usually interpreted, the phrase beginning, ‘To pay 
the debts,” is intended to state the purposes for which 
taxes may be levied. But this limitation is merely 
theoretical, for taxes are levied before being expended. 

^ This is to prevent legislation in favor of any state or 
section, as against other states or sections. 

Clause — Borrowing. 

To borrow money on the credit of the United States. 

It should not be necessary, ordinarily, for congress to 
exercise this power. But in times of war the regular 
sources of income may not be sufficient, hence the neces¬ 
sity of this power to provide for extraordinary expenses. 
It is one of the prerogatives of sovereignty; it is indis¬ 
pensable to the existence of a nation. 

For more about national borrowing, see page 317. 


154 


THE NATION. 


Clause S.—Regulation of Commerce. 

To regulate commerce^ with foreign nations., and among 
the several states^^ amd with the Indian tribes. 

^ The power to regulate commerce implies the power 
to prescribe rules for traffic and navigation, and to do 
such things as are necessary to render them safe. 
It has been interpreted to cover, among other things, 
the imposition of duties, the designation of ports of 
entry, the removal of obstructions in bays and rivers, 
the establishment and maintenance of buoys and light¬ 
houses, and legislation governing pilotage, salvage from 
wrecks, maritime insurance, and the privileges of Ameri¬ 
can and foreign ships. 

^ The power to regulate commerce with foreign nations 
should go hand in hand with that of regulating com¬ 
merce among the states. This power had, under the 
confederation, been in the hands of the several states. 
Their jealousies and rivalries had led to retaliatory 
measures upon each other. This condition of affairs was 
encouraged by other nations, because they profited by 
it. At the time of the adoption of the constitution, busi¬ 
ness was terribly depressed, and the bitterness of feeling 
among the states w^ould probably soon have disrupted the 
Union. Therefore, ‘ ‘to insure domestic tranquility, ” and 
‘To promote the general welfare,” the power to regulate 
commerce was delegated to the general government. 

^Tliis control is exercised even when the Indians live 
within the boundaries of a state. 

By placing the power to regulate commerce with 
Indians in the hands of the general government it was 
hoped thfit uniformity of regulations and the strength of 
the government would secure peace and safety to the 
frontier states. 


POWEBS VESTED IN C0NGBES8. 


Clause —Naturalization and Bankruptcy. 

To estaUith a uniform rule of naturalization.^^ and 
tmiform laws on the subject of bankiwptdesj throughout 
the United States. 

^Naturalization is the process by which an alien be¬ 
comes a citizen. The mode is given on page 319. 

bankrupt is one who has been declared by a court 
to be owing more than he can pay. 

The purposes of a bankrupt law are: 

1. To secure an equitable distribution of all the 
debtor’s property among the creditors. 

2. To secure to the debtor a complete discharge from 
the indebtedness. 

Clause 5 .— Coinage and Measures. 

To coin moneyj regulate the value thereofand of 
foreign coinf and fix the standard of weights and 
measures."^ 

^This is another “sovereign power,” and cannot be 
exercised by states, counties or cities. Coinage by the 
United States secures uniformity in value, and thereby 
facilitates business. 

To “coin money” is simply to stamp upon a precious 
metal the value of the given piece.* For convenience 
in business transactions, these are coined of certain 
sizes. To discourage the mutilation of coins for sinister 
purposes, they are “milled” on the edges, and the stamp 
covers each face so that the metal could hardly be cut 
off without the coin showing defacement. 

^ The value is shown by the stamp. 

^ Otherwise, foreign coin would become an article of 

* When metals were first used as money, they were weighed and their 
purity was determined by testing. This invited fraud. 


156 


THE HATIOH. 


commerce, and it would be more difficult to regulate the 
value of domestic coin. 

^ This power congress has never exercised. But see 
Johnson’s Cyclopedia, article Gallon. 

Clause 6.—Punishment of Counterfeiting. 

To provide for the punishment of counterfeiting the 
securities and current coin of the United States. 

This is ‘‘an indispensable appendage” of the power 
granted in the preceding clause, that of coining money. 

To discourage counterfeiting, the “securities” are em 
graved with rare skill and upon peculiar paper. The 
penalties for counterfeiting are printed on the back of 
some of the “ greenbacks.” 

Under “securities” are included bonds, coupons, 
national currency, “greenbacks,” revenue and postage 
stamps, and all other representatives of value issued 
under any act of congress. 

Clause 7. — Postoffices. 

To establish postoffices^ and post roads. 

^ The beneficence and usefulness of the postoffice every 
one can appreciate; it ministers to the comfort of all, 
rich and poor. 

Placing the management of the postoffices with the gen¬ 
eral government secures greater efficiency and economy 
than would be possible if it were vested in the states. 

^ Congress generally uses roads already in existence. 
These are regularly selected, however, and declared to 
be post roads before they are used as such. The “road” 
may be a waterway. 

But under authority of this clause congress has estab¬ 
lished some post roads. The principal highway thus 


POWERS VESTED IN CONGRESS. 157 

established was the Cumberland road from the Potomac 
to the Ohio. The Union Pacific and Central Pacific 
railways were built under the authority and with the 
assistance of the United States as post and military 
roads. 


Clause 8.—Copyrights and Patents. 

To promote the progress of science and useful arts^ hy 
securing.^ for limited times., to authors and inventors., the 
exclusive right to their respective writings and discoveries. 

No one denies that an author or inventor is entitled to 
a fair reward for what he has done. But if every one 
were at liberty to print the book or to make the article 
invented, the due reward might not be received. 

The wisdom of granting this power to the general 
government becomes apparent when we consider how 
poorly the end might be secured if the matter were left 
to the states. A person might secure a patent in one 
state and be entirely unprotected in the rest. 

For further information upon this subject, see pages 
318-19. 


Clause 9 .— United States Courts. 

To constitute tribunals inferior to the Supreme Court. 

Under this provision, congress has thus far consti¬ 
tuted the folloAving: 

1. United States Circuit Courts of Appeal, one in 
each of the nine judicial circuits of the United States. 

2. United States Circuit Courts, holding at least 
one session annually in each state. 

3. United States District Courts, from one to three 
in each state. See pages 307-9. 

4. A United States Court of Claims, to hear claims 


158 


rilE NATION. 


against the government. Such claims were formerly 
examined by congress. 

Although not strictly United States Courts, the fol¬ 
lowing may also be mentioned liere, because they were 
established under authority of this clause; 

1. The Supreme Court of the District of Columbia. 

2. A Supreme Court and District Courts in each ter¬ 
ritory. 

“Constituting” these courts involves establishing 
them, designating the number, appointment, and salaries 
of the judges, and the powers of each court. The term 
of United States judges is “during good behavior.” 
This is fixed by the constitution (Art. III., section 1). 
The term of a territorial judge is four years. 


ClcCuae 10.—Crimes at Sea. 

To define and punish piracies^ and felonie^ committed 
on the high seas^^ and offenses against the law of nations.^ 

^ Piracy is robbery at sea, performed not by an indi¬ 
vidual but by a ship’s crew. Pirates are outlaws, and 
may be put to death by any nation capturing them. 

2 A felony is any crime punishable by death or state 
prison. Felony covers murder, arson, larceny, burglary, 
etc. But congress may d fine piracy and felony to 
cover more or fewer crimes. 

^The “high seas” are the waters of the ocean bej^onj 
low water mark. Low water r'.ark is the limit of juris¬ 
diction of a state, but the jurisdiction of the United 
States extends three miles further into the ocean, and 
includes all bays and gulfs. 

Beyond the three-mile limit, the ocean is “common 
ground,” belonging not to one nation but to all. Each 
nation has jurisdiction, however, over its merchant 


POWERS VESTED IN CONGRESS. 


159 


ships on the high seas, but not in a foreign port, and 
over its war ships everywhere. 

'‘For an outline of the Law of Nations, see page 346. 
Cases arising under this clause have been placed in 
the jurisdiction of the United States District Courts. 


Clause 11.—Declaration of War. 

To declare %oar.^ grant letters of marqxie and reprised 
and make rules concerning captures 07i land and water. 

declaration of war is a solemn notice to the world 
that hostilities actually exist or are about to commence. 

The power to declare war is one of the attributes 
of sovereignty. If this power were in the hands of 
the several states, any one of them could at any time 
involve the whole country in the calamities of war, 
against the wishes of all the other states. With all 
their fear of the general government, shown in the 
character of the articles of confederation, the people in 
framing that instrument saw the necessity of vesting 
this poAver in the general government. 

In monarchies, the power to declare war is generally 
vested in the executive. But in a republic, it would be 
dangerous to the interests and even the liberties of the 
people, to entrust this power to the president. 

To put the thought in other words, the power to 
declare war belongs to the sovereign: in this country, 
the people are sovereign, therefore the power to declare 
Avar belongs to the people, and they act through their 
representative body, congress. (See pages 351-4.) 

2 These are commissions granted to private persons 
usually in time of Avar, authorizing the bearer to pass 
beyond the boundaries of his own country for the pur¬ 
pose of seizing the property of an enemy. 


160 


THE NATION, 


Sometimes such a letter is granted in times of peace, 
‘‘to redress a grievance to a private citizen, which the 
offending nation refuses to redress.” By authority of 
such a commission, the injured individual may seize 
property to the value of his injury from the subjects of 
the nation so refusing. But this practice is properly 
becoming rare. 

^Vessels acting under letters of marque and reprisal 
are called ^rivateers^ and the captured vessels are called 
prizes. 

Prizes are usually sold under authority of the United 
States District Court, and the proceeds divided among 
the erew of the ship making the capture. 

The proceeds of captures on land belong to the gov¬ 
ernment. 


Clause 12.—Maintenance of Armies. 

To raise and support armies A hut no appropriation of 
money to that use shall he for a longer term than two 
years.^ 

^ This is another sovereign power, and would seem the 
necessary accompaniment of the power to declare war. 
Under the confederation, however, congress could only 
designate the quota of men which each state ought to 
raise, and the actual enlistment of men was done by the 
several states. Their experience in carrying on the 
Eevolutionary War on that basis satisfied them that 
efficiency and economy would both be secured by vesting 
this power in the general government. 

2 But to prevent misuse of the power, this proviso was 
inserted. As representatives are elected every two 
years, the people can promptly check any attempt to 
maintain an unnecessarily large army in times of peace. 


POWEBS VESTED IN CONGRESS, 


m 

A standing army is dangerous to liberty, because it is 
commanded by the executive, to whom it yields un¬ 
questioning obedience. Armies obey commands,^ while 
citizens comply with laws. And thus a large standing 
army creates a caste,, out of sympathy with the lives of 
citizens. More than one republic has been overthrown 
by a successful military leader, supported by a devoted 
army. 

As a matter of fact, congress makes the appropri¬ 
ation annually. 


Clause IS.—The Navy. 

To provide and maintain a navy 

The navy is necessary to protect fisheries and com¬ 
merce. And in times of war the navy is needed to pro¬ 
tect our sea coast, to transport soldiers, to cripple the 
enemy’s resources, and to render blockades effectual. 

It will be noticed that there is no limitation upon 
appropriations for the navy. This is for two general 
reasons: First, there is nothing to fear from a navy. 
“No nation was ever deprived of its liberty by its 
navy.” Second, it takes time to provide a navy, and it 
should therefore be kept at all times in a state of 
efficiency. 

For further information about the army and navy, see 
page 309. 

Clause IT—Army and Navy Regulations. 

To make rules for the govei'^nment and regulation of the 
land and naval forces. 

This is an incident to the preceding powers. 

The army and navy regulations prescribe duties of 
ofiScers, soldiers and seamen, and provide for the or- 


162 


THE NATIOE. 


ganization and manap^ement of courts martial. Disobe¬ 
dience to orders and insubordination are crimes in a 
soldier or sailor; and refusal to pay just debts or any 
other conduct ‘‘unbecoming to a gentleman,” are pun¬ 
ishable offenses in an officer. Thus it is seen that 
military law takes cognizance of offenses not usually 
noticed by civil law. 

Clause 15.—ihe Militia. 

To ^provide for calling forth the militia''- to execute the 
laws of the Union., su]pj>ress insurrections and rejpel in¬ 
vasions.^ 

^Congress has declared the militia to be “all citizens 
and those who have declared their intention to become 
such, between the ages of eighteen and forty-five.” 
These constitute what is called the unorganized militia. 
The military companies and regiments formed by 
authority of United States and state laws constitute 
the organized militia. 

One of two policies we must pursue, either to main¬ 
tain a large standing army or to depend upon the 
citizen-soldiers to meet emergencies. For several rea¬ 
sons, we prefer the latter. That our citizen-soldier may 
be depended upon has been demonstrated on many a 
battlefield. 

^The clause specifies the purposes for which the 
militia may be called out. These are three in number. 
Each statd may for similar purposes call forth its own 
militia. 

Under the laws of congress, the president is author¬ 
ized in certain emergencies to issue the call. This he 
directs to the governors of states, and those called on 
are bound to furnish the troops required. 

On three occasions only have the militia been called 


FOWERS VEtiTED IN CONGRESS. 


163 


out under this clause: In the Whisky Rebellion of 1794, 
to enforce the laws; in the war of 1812, to repel inva¬ 
sion ; and in the Civil War, to suppress insurrection. 

Clause 16 .— Organization of the Militia. 

To provide for organizing^ arming., and disciplining 
the militia., and for governing such part of them as may 
he employed in the service of the United States^ ^ reserving 
to the states respectively., the appointment of the officers., 
and the authority of training the militia according to tJce 
discipline prescribed by congress.^ 

^ Thus only can the uniformity so essential to efficiency 
be secured. 

^ This is designed as a proper recognition of the right 
of each state to have militia companies and to control 
them, subject only to the necessary limitation men¬ 
tioned. 

The militia of a state consists of one or more regi¬ 
ments, with the proper regimental and company officers 
appointed by state authority. When these are mus¬ 
tered into the service of the United States and are 
formed into brigades and divisions, the appointment of 
the general officers is vested in the president. . 

Clause 17.—Exclusive Legislation. 

To exercise exclusive legislation in all cases whatsoever., 
over such district {not exceeding ten miles square) as may., 
by the cession of particular states, and the acceptance of 
congress, become the seat of government of the United 
States,^ and to exercise like authority over all places pur¬ 
chased by the consent of the legislature of the state in 
which the same shall be, for the erection of forts, maga¬ 
zines, arsenals, dock yards, and other needf ul buildings? 


164 


THE NATION, 


^ This refers to the territory afterwards selected, and 
now known as the District of Colambia. 

The purpose of this provision is to free the general 
government from having to depend upon the protection 
of any state, and to enable it to secure the public buikb 
ings and archives from injury and itself from insult.* 

Congress governed the District of Columbia directly 
until 1871, when for three years the experiment was 
tried of governing it as a territory. The territorial 
government in that time ran in debt over $20,000,000 
for ‘‘public improvements,” and congress abolished it. 

The supervision of the district is now in the hands of 
three commissioners, appointed by the president, but . 
controlled by congressional legislation. 

^The propriety of the general government having ex- 
elusive authority over such places is too obvious to need 
comment. Crimes committed there are tried in the 
United States District Courts, but according to the laws 
of the state or territory. 

The state in making the cession usually reserves the 
right to serve civil and criminal writs upon persons 
found within the ceded territory, in order that such places 
may not become asylums for fugitives from justice. 

Clause 18.—Implied Powers. 

To mahe all laws which shall he necessary and proper 
for carrying into execution the foregoing poioers., and all 
other powers rested hy this constitution in the government 
of the United States., or in any department or officer 
thereof. 

This clause does not grant any new power. “It is 
merely a declaration, to remove all uncertainty, that 

* The Continental Congress, while the capital was at Philadelphia, had 
to adjourn to Princeton to escape the violence of some dissatisfied sol¬ 
diers. See Fiske’s Critical Period of American History, page 112. 


POWEBS VESTED IN CONGBESS. 165 

every power is to be so interpreted, as to include suit¬ 
able means to carry it into execution.”* 

It will be noticed that the [)owers of congress are 
enumerated, not defined, in the constitution; and the 
above clause has given rise to the doctrine of ‘‘implied 
powers,” the basis of many political controversies. 

Following are samples of “implied powers:” 

By clause 2, congress has power “to borrow money 
on the credit of the United States.” Implied in this, 
is the power to issue securities or evidences of debt, 
such as treasury notes. “To increase the credit of the 
United States, congress may make such evidences of 
debt a legal tender for debts, public and private.”! 

Congress has power (clause 11) “to declare war.” 
By implication it has power to prosecute the war “by 
all the legitimate methods known to international law.” 
'to that end, it may confiscate the property of public 
enemies, foreign or domestic; it may confiscate, there¬ 
fore, their slaves. (See Emancipation Proclamation, 
page 362. For a hint of what congress might do, see 
Among the Lawmakers, p. 296.) 

Pertinent Questions. 

1. In what two ways may the first part of the first clause be 
interpreted? In what ways does the government levy taxes? 
Ilow much of the money paid to the local treasurer goes to 
the United States? Have you ever paid a U. S. tax? Did you 
ever buy a pound of nails? Do you remember the “stamps” that 
used to be on match boxes? Ilow came they there? Was that 
a direct or an indirect tax? A man who pays for a glass 
of beer or whisky pays a U. S. tax. How? Every time a 
person buys a cigar he pays a U. S. tax. If there be a cigar 
factory within reach, talk with the proprietor about this mat¬ 
ter. Look at a cigar box and a beer keg to find some evidence 
of the tax paid. Name some things which were taxed a few 
years ago but are not now. Wliat is a cuvStom house? A port 
of entry? What are they for? Name the port of entry nearest 
to you. What is the present income of the United States from 


* story, t JLalor’s Cylopeclia of Political Science. 



THE NATION. 


I no 

all kinds of taxation? Wliat is done with the money? Look 
up the derivation of the word tariff. 

2. lloiv does the government “borrow ?” Does the government 
owe you any money? If you have a “greenback,” read its face. 
If the government is unable or unwilling to pay a creditor, 
what can he do? What is the “credit” of the United States? 
llow much does the United States government owe, and in 
what form is the debt? ITow came it to be so large? Is the 
government paying it up? How much has been paid this liscal 
year? AVhat rate of interest has the government to pay? 
What is the current rate for private borrowers? How is it 
that the government can borrow at so low a rate? What is a 
“bond-call,” and how is it made? 

3. Has congress power to prohibit commerce with one or 
more foreign nations? Has it power to regulate commerce 
carried on wholly wdthin a state? Can you buy lands from the 
Indians? Can the state? Has congress im])osed a tariff to be 
paid in going from one state to anothe ? What has requiring 
the engineer of a steamboat to secure a government license to 
do with “regulating commerce?” When did congress under 
this clause prohibit American merchant ships from leaving 
port? Under Avhat provision of the constitution does congress 
impose restrictions upon the railroads? Does congress exercise 
any control over railroads lying wholly within one state? 
Why? 

4. How can an alien become naturalized? Who are citizens 
of the United States? (See Amend. XIV.) Is a child of Amer¬ 
ican parents, bo.n during a temporary absence from this 
country, a citizen or an alien? An alien living in this country 
has children born here; are they citizens or aliens? A child is 
born on the ocean, while its parents are on the w-ay here to 
found a new home and intending to become citizens; what is 
the status of the child? Are you a citizen? How may female 
aliens become citizens? Why should they desire to do so? 
How did citizens of Texas at the time of its admission become 
citizens of the United States? 

What is an insolvent law? Has this state such a law? Can 
this state pass a bankrupt law? Can any state? Why? Is 
there any United States bankrupt law? Has congress ever 
passed such a law ? 

5. AVhat is money? Is a bank bill money? Read one and 
see whether it pretends to be. What gold coins have you ever 
seen? What others have you heard of ?'^ What silver coins have 
you ever seen? AVhat others have you heard of? What other 
coins have you seen or heard of? How are coins made? Where 
is the United States mint located? Where are ihe branch 
mints? How much value does the stamp of the government 
add to a ])iece of gold? Is tliere a dollar’s worth of silver in a 
silver dollar? AVhy? (See Jevous’ Money and the Mechanism 
of Exchange.) 


POWERS VESTED IN CONGRESS. 


167 

How are national banks organized? (See appendix.) Under 
what constitutional provision does congress exercise this 
power? Are any banks organized under state authority? 
What is meant by “legal tender?” 

Are foreign co“ns “legal tender” at the rate fixed by con¬ 
gress? For the value of the principal foreign coins, see 
appendix. Can congress punish counterfeiting of these coins? 

Is there a standard pound in this state ? A standard bushel ? 

6. Look on the back of a greenback for the law about coun¬ 
terfeiting. Is there any law against passing counterfeits? 

7. When was our postoffice department established? Wlio 
was placed at the head of it? Who is the postmaster general ? 
AVhat is meant by “presidential oftices” in speaking of i)ost- 
ofiices? What are the present rates of postage in the United 
States? How much does it cost to send a letter to England? 
To Prussia? To Australia? When were postage stamps intro¬ 
duced? Stamped envelopes? Postal cards? In what four 
ways may money be sent by mail ? Explain the workings and 
advantages of each method. What is the dead letter office? 

What is meant by the franking privilege? Find the rates of 
postage in the United States, in 1795, 1815, 1845, 1850, 1860. 
Does the power to establish post roads, authorize congress to 
make internal improvements? What is meant by“star route?” 

8. Is this book copyrighted? Uame some book that is not 
copyrighted. What things besides books are copyrighted? 
Can a copyright be sold? How is a copyright secured? (See 
page 318.) How long do copyrights continue in force? How 
may they be renewed? Must new editions be copyrighted? 

What is a patent? How are “letters patent” secured? (See 
page 820.) How may an inventor secure time to perfect his 
invention? How can a patent be sold? May a person, not the 
patentee, make a patented article for his own use? Name ten 
important patented inventions. What is the purpose of the 
government in granting patents? Is this always secured? 
How does the expiration of a patent affect the price of an 
invention? If a person invents an article which proves help¬ 
ful to millions of people, is it unfair that he should make a 
fortune out of it? 

9. By what authority does congress organize courts in the 
territories? Could congress establish more than one Supreme 
Court? Name the United States District Judge for this state. 
The United States Attorney. The United States Marshal. If 
you had a claim against the United States how would you get 
your money? 

10. Who may punish a pirate? Can a pirate claim the pro¬ 
tection of the American flag? 

11. Has the United States ever formally declared war? May 
war begin without a formal declaration? Does the president 
act with congress in declaring war, as in case of a law? 

What protection is afforded by letters of marque and reprisal? 


168 


THE NATION. 


Name some well known privateers. Tell about the “Alabama 
Claims,” and their settlement. Upon what principle of inter¬ 
national law did the decision hinge? See page 353. 

12. With what other power is that of raising an army inti¬ 
mately connected? That of maintaining an army ? How large 
is the United States army at the present time? Give arguments 
in favor of the militia system, as against that of a large stand¬ 
ing army. What circumstances favor us in adopting the 
militia system? What country in Europe is most like us in 
this respect? AYliy is this possible in that country? AYhere 
are most of the officers of the U. S.^ army educated? How are 
appointments to the institution made ? By what authority has 
congress established it? What is a military “draft?” 

Who has charge of this department of the government? 
Name the four highest officers in the U. S. army. Eor the or¬ 
ganization of the army, see page 309. 

13. Name the present secretary of the navy; the two highest 
naval officers. Where are most of the naval officers educated? 
How does the navy of the United States compare with the 
navies of other great powers? Why? Eor organization of 
navy, see appendix. 

14. What is the difference between military law and martial 
law? How are these “rules” made known? What is the 
source of authority in a military court? In a civil court? Is 
there any liability of a conflict of jurisdiction between these 
courts? When was flogging abolished in the army? In the 
navy? What punishments are inflicted by courts martial? 

15. Distinguish between the militia and the regular army. 
Between militia and “volunteers.” 

16. How many regiments of organized militia in this state? 
Name the principal regimental officers. By wdiose authority 
were these appointed? Is there any “company” near you? 
Have you seen them drilling? Who prescribed the “tactics?” 

17. Over what portions of this state has congress this “ex¬ 
clusive jurisdiction?” Give a brief sketch of the District of 
Columbia. When and by whom was slavery abolished therein ? 

18. Why should this be spoken of as “the sweeping clause?” 


Dehate. 

Resolved, That free trade should be the ultimate policy for 
any country. 


References. 

Protection. —Articles in Cyclopedias ; Casey’s Social Sci¬ 
ence, McKean’s Abridgment; Greeley’s Political Economy ; 
Byle’s Sophisms of Free Trade ; Elder’s Questions of the Day ; 
Bowen’s Political Economy. 


PROHIBITIONS ON CONGRESS. 


169 


Free Trade.— Articles in Cyclopedias; Grosvenor’s Does 
Protection Protect? Sumner’s History of Protection in IJ. S.; 
Fawcett’s Free Trade and Protection; David A. Wells’ 
Essays; Pamphlets published by the Free Trade Club, K. Y. 

A very fair statement of both views may be found in 
Macvane’s Political Economy. 


Section IX.— Prohibitions on Congress. 

Clause 1.—The Slave Trade. 

The migration or importation of such persons^ as any 
of the states now existing shcdl think proper to admits 
shall not he prohihited hy congress prior to the year one 
thousand eight hiuidred and eight., hut a tax or duty may 
he imposed on such importation.,- not exceeding ten dollars 
for each person. ^ 

^The framers of the constitution disliked to tarnish 
the instrument by using the word slave, and adopted 
this euphemism. 

At that time there was a general desire, not ripened 
into a purpose however, that slavery might soon cease 
to exist in the United States. 

This clause, which permitted the continuance for a 
time of the slave trade., was a concession to North 
Carolina, South Carolina and Georgia. The other 
states had already prohibited the slave trade, and it 
w^as hoped by all that before the time specified the 
abolition of slavery would be gradually accomplished. 

"No such tax w\as imposed. 

This provision is now olisolete, and is of interest only 
historically. (For further discussion of slavery, see 
page 343.) 


no 


THE NATION. 


Clause 2.—The Writ of Habeas Corpus. 

The privileges of the writ of habeas corpus shall not be 
suspended.^ unless when in cases of rebellion on' invasion 
the public safety may require it. 

“It has been judicially decided that the right to sus¬ 
pend the privilege of the writ rests in congress, but 
that congress may by act give the power to the pres¬ 
ident.'’* 

The privilege of the writ never was suspended by the 
general government until 1861. Questionable suspen¬ 
sions of the writ, covering a very limited territory, had 
been made in two or three instances by generals. 

So valuable as a “bulwark of liberty” is this writ 
considered to be, that the courts of the United States 
have decided that, even in time of war, the privilege of 
the writ can be suspended only in that part of the 
country actually invaded, or in such a state of war as to 
obstruct the action of the federal courts. 

Clause 3. — Certain Laws Forbidden. 

No bill of attainder or ex post facto lau^ shall be 
passed. 

^“A bill of attainder was a legislative conviction for 
alleged crime, with judgment of death. Those legis¬ 
lative convictions which imposed punishments less than 
that of death were called bills of pains and penalties.”! 
The term is here used in its generic sense, so as to in¬ 
clude bills of pains and penalties. 

The great objection to bills of attainder is that they 
are judicial acts performed by a legislative body. 

A legislative body may and should try a political 
offense, and render a verdict as to the worthiness of 

* Lalor’s Cyclopedia of Political Economy 
fCooley’s Constilutional Limitations. 


PBOHIBITIONS ON CONGBBSS. 


m 

the accused to hold public office. But to try him when 
conviction would deprive him of any of his personal 
rights—life, liberty, or property,—should be the work 
of a duly organized judicial body. 

This provision, then is directed not so much against 
the penalty (for limitations upon penalties are found 
elsewhere in the constitution,) as against the mode of 
trial. Or we may say that it is intended to prevent 
conviction without a trial; for in previous times legis¬ 
lative bodies had frequently punished political enemies 
without even the form of a trial, or without giving 
them an opportunity to be heard in their own defense, 
by passing against them bills of attainder. 

^An ex post facto law is, literally, one which acts back 
upon a deed previously performed. But as here in¬ 
tended, it means a law making worse such an act, either 
by declaring criminal that which was not so regarded in 
law when committed, or by increasing the penalty and 
applying it to the act previously performed. 

But a law may be passed making 'better^ in a sense, 
some previous act. That is, an unforseen but imper¬ 
ative necessity may call for the doing of something 
which is not unlawful, but which needs, yet has not 
received, the sanction of law. This act may afterwards 
be legalized by the legislature. 

The things forbidden by this clause would, if per¬ 
mitted, render unsafe all those personal rights for the 
security of which the constitution was framed and the 
government founded. 

Clause f—Direct Taxes. 

Wo capitation or other direct tax shall be laid., unless 
in proportion to the census or enuw.eration hereinbefo7'e 
directed to be tahen. 


172 


THE NATION. 


This clause emphasizes the first sentence of clause 
three, section .two, of this article. It Avas intended to 
prevent the taxation of the two-fiftJis of the slaves not 
enumerated for representation, and Avas evidently in¬ 
serted as a concession to the slave states. But the 
abolition of slavery takes from the clause all force ex¬ 
cept that mentioned at the beginning of this paragraph. 

No capitation tax (that is, so much per head) has ever 
been levied by the general government. 

Clause 5.—Duties on Exports. 

No tax or duty shall he laid on articles exported from 
any state. 

This Avas designed to prevent discrimination against 
any state or section. 

Though the question has never been judicially de¬ 
termined, it is generally understood that since anything 
exported must be exported from some state (or terri¬ 
tory), this clause prohibits all export duties. 

Clause 6 .— Commercial Destrictions. 

No preference shall he given hy any regulation of com¬ 
merce or revenue to the ports of one state over those of 
another; nor shall vessels hound to or from one state.^ he 
obliged to enterclear or pay duties in another. 

This provision has the same object in vicAv as that 
Avhich requires duties to be uniform—the impartial 
treatment of the several states. It shoAvs, too, the fear 
felt by many that the general government might shoAv 
partiality. 

The latter part of the clause virtually establishes free 
trade among the states. 


PBOHIBITIONS ON CONGEESS. 


173 


Clause 7.—Care of Public Funds, 

No money shall be drawn f rom the treasury but in con¬ 
sequence of appropriations made by law; and a regular 
statement and account of the receipts and expenditures of 
all public money shall be p>ublished from time to time. 

There are two great purposes to be subserved by this 
provision: First, to impose upon those handling the 
money a feeling of responsibility, and thus to increase 
the probability of carefulness; second, to prevent the 
use of public funds for any purpose except those 
authorized by the representatives of the people. This 
is in harmony with the provision which gives to con¬ 
gress the power to raise money. 

Incidentally, too, this is a protector of our liberties. 
Those who have charge of the public purse are ap¬ 
pointees of the president. But for this provision he 
might, as rulers in arbitrary governments do, use the 
public treasury to accomplish his own private purposes; 
and one of these purposes might be the overthrow of 
our liberties. This thought undoubtedly was a promi¬ 
nent one in the minds of the framers of the constitu¬ 
tion. 

The account of receipts and expenditures is reported 
to congress annually by the secretary of the treasury. 

Clause 8.—Titles of Nobility. 

No title of nobility shall be granted by the United 
States;^ and no person holding an office of profit or trust 
under them., shall., withoid the consent of the congress., 
accept of any present^ emolument., ojffice^ or title of any hind 
whatever., from any hing., prince., or foreign si ate. 

^This is in harmony with the principle ‘ ‘All men are 
created equal.” And, while in society there are classes 


174 


THE NATION. 


and grades based upon learning, wealth, etc., we intend 
that all shall be equal before the law, that there shall 
be no ‘ ‘privileged classes. ” 

^The purpose of this is evident—to free public officers 
from blandishments, which are many times the pre¬ 
cursors of temptations to treason. 

An amendment to the constitution was proposed in 
1811, prohibiting any citizen from receiving any kind 
of office or present from a foreign power, but it w^as 
not ratified. 

Section X.— Prohibitions on the States. 

Clause 1 .— Unconditional Prohibitions. 

No state shall enter into any treaty^ alliance.^ or con¬ 
federation;^ grant letters of marque and rejyrisal;- coin 
moneyemit bills of credit;^ make anything but gold 
and silver coin a tender in ^payment of debtspass any 
bill of attainderex post facto laio^^ or law impairing 
the obligation of contracts^; or grant any title of no¬ 
bility.'^ 

^Otherwise the intrigues of foreign nations would 
soon break up the Union. 

^Had the states this power, it would be possible for 
any one of them to involve the whole country in war. 

®This provision secures the uniformity and reliability 
of our coinage. 

■•A State may borrow money and may issue bonds for 
the purpose. But these bonds are not bills of credit, 
because they are not designed to circulate as money. 

The evils of state issuance of bills of credit we cannot 
appreciate, but the framers of the constitution had 
experienced them, and based this provision on that 
bitter experience. 


PROHIBITIONS ON THE STATES. 


175 


®This has the same general purpose as the preceding. 

It will be observed that there is no such prohibition 
on the United States, and the implied power to emit 
bills of credit and to make things other than gold and 
silver legal tender, has been exercised. 

^Forbidden to tbe states for the same reason that they 
are forbidden to the United States. 

'The purpose is to preserve the legal obligation of 
contracts. ‘‘The spirit of the provision is this: A con¬ 
tract which is legally binding upon the parties at the 
time and place it is entered into by them, shall remain 
so, any law of the states to the contrary notwithstand¬ 
ing.”* 

Under this provision many questions have arisen. 
One of them is this: May a state pass insolvent or 
bankrupt laws? It has been decided by the United 
States Supreme Court that a state may pass insolvent 
laws n^on future contracts, but not upon^as?^ contracts. 
But no state can pass a bankrupt law. 

Clause — Conditional Prohibitiorcs. 

Wo state shall^ without the consent of the congress.^ lay 
any imposts or duties on imports or exports^ except what 
may be absolutely necessary for executing its inspection 
lawsf and the net produce of all duties and imposts., laid 
by any state on imports or exports., shall be for the use of 
the treasury of the United States f and all such laws shall 
be subject to the revision of the congress."^ No state shall., 
- without the consent of congress., lay any duty of tonnage 
keep troops or ships of war in time of peace.,^ enter into 
any agreement or compact with another state j or with a 
foreign power j or engage in war., unless actually invaded^ 
or in such imminent danger as not to admit of delay. ^ 

Tiffany yjuoted by Andrews. 


176 


THE NATION. 


^By implication, congress may give the states permis- 
sion to do the things enumerated in this paragraph. 
But it never has. 

^The inspection laws are designed to secure to con¬ 
sumers quality and quantity in commodities purchased. 
Thus, in some states there is a dairy commissioner whose 
duty it is to see that no substance is offered for sale as 
butter which is not butter. And officers may be ap¬ 
pointed to inspect the weights and measures in stores. 
Such officers may be provided for without the consent 
of congress. But no fees can be charged for this 
service more than are necessary to pay the officers. In 
other words, the offices cannot be made a source of 
revenue to the state. 

^This is to free the states from any temptation to use 
the power which might be conferred under this clause 
for their own gain, to the detriment of a sister state. 

^This secures to congress the control of the matter. 

®That is, a tax upon the carrying power of a ship. 
This is in harmony with the provision which forbids the 
states to levy duties on imports. 

®This prohibits the keeping of a standing army, but 
each state may have its organized militia. 

"^In the preceding clause, the states are forbidden to 
enter into treaties, etc.,—that is, into jpoUtical com¬ 
pacts; and the prohibition is absolute. Here they 
are prohibited from entering into huslness compacts, 
unless permitted by congress. 

®For a state to engage in war would be to embroil the 
country in war. But the militia might be sent to repel 
invasion. They 'would, however, be defending not the 
state simply, but also the United States. 

“We have thus passed through the positive pro¬ 
hibitions introduced upon the powers of the states. It 


PROHIBITIONS ON THE STATES. 


m 

will be observed that they divide themselves into two 
classes: those which are political in their character, as 
an exercise of sovereignty, and those which more eS' 
pecially regard the private rights of individuals. In 
the latter the prohibition is absolute and universal. In 
the former it is sometimes absolute and sometimes sub^ 
jected to the consent of congress. It will at once be 
perceived how full of difficulty and delicacy the task 
was, to reconcile the jealous tenacity of the states over 
their own sovereignty, with the permanent security of 
the national government, and the inviolability of private 
rights. The task has been accomplished with eminent 
success.”* 


Pertinent Questions. 

When was slavery introduced into the United States? Give 
an account of the steps taken to abolish it. 

What is the use of the writ of habeas corpus ? If a sane person 
were confined in an asylum, how could he be got out? Could a 
person who had taken religious vows imposing seclusion from 
the world, be released by means of this writ? Show the necessity 
of power to suspend the writ in cases of rebellion or invasion. 

Could the thing forbidden in a bill of attainder be done by a 
court? Give an example of an ex post facto law. 

What is meant by “entering” and “clearing” a port? 

How could the president get hold of any United States 
money other than that received in payment of his salary? 

Could you receive a present from a foreign government? 
Name any American who has received a title or a present from 
a foreign government. Must a titled foreigner renounce his 
title on becoming an American citizen? 

What are “greenbacks?” Did you ever see a state “green¬ 
back?” AVhen do you expect to see one? 

What is a contract? Could a legislature pass a law doing 
away with imprisonment for debt? What argument did Daniel 
Webster make in the famous Dartmouth College Case? 

Name the various state inspectors in this state. How are 
they paid? May a state impose taxes to defray its own ex¬ 
penses? What prohibitions apply to both the general and tlie 
state governments. Arrange all the prohibitions in tabular 
form, classifying as indicated by Judge Story in.the paragraph 
quoted. 


* story. 



178 


THE NATION. 


CHAPTEE XXIII. 

AETICLE II.— The Executive Branch. 

It seems to us a matter of course that after the laws 
are made there should be some person or persons whose 
duty it should be to carry them into execution. But it 
will be remembered that under the confederation 
there was no executive department. The colonists had 
suffered from kingly rule, and in forming their first 
government after independence, they naturally avoided 
anything having the appearance of kingliness. After 
trying their experiment for some years, however, their 
“sober second sense” told them that the executive 
branch is a necessity, and when the convention assem¬ 
bled to “ revise the articles of confederation ” (as they 
at first intended to do) one of the things upon which 
there was practical unanimity of opinion Avas the neces¬ 
sity of haAung the government organized into three 
branches, or, as they are sometimes called, departments. 

The question in regard to the executive branch Avas 
how to organize it, so as to secure tAvo chief qualities; 
namely, energy of execution and safety to the people. 
The former Avas fully appreciated, for the Aveakness of 
execution during the confederation ])eriod, or the lack of 
execution, had impressed upon all thinking persons the 
necessity of more vigor in carrying out the hxAvs. The 
experience during colonial days emphasized the neces¬ 
sity of surrounding the office Avith proper safeguards. 
And among those intrusted Avith the organization of a 
scheme of government, Avere many Avho Avere Avell versed 
in history—men Avho kneAV that the executive branch is 
the one in A\ffiich lies the menace to human liberty. 

Under these two main divisions of the problem, arose 


THE EXECUTIVE BRANCH. 


179 


such questions as: IIow many persons shall constitute 
the executive ? What shall the term be ? How shall 
the executive be chosen ? What powers, other than those 
which are purely executive, shall be vested in this 
branch? How shall this branch be held responsible, 
without crippling its efficiency ? 

How well the problem was solved, we shall find out 
in our siudy of the provisions of the constitution per¬ 
taining to this branch. 

Section I. —Election and Service. 

Clause 1.— Yestment of Power. 

The executive ^ower shall he vested in a president of the 
United States of America} He shall hold his office 
ditring the term of four years^ and together with the 
vice-president^ chosen for the same term^ shall he elected 
as follows: 

^This sentence answers the question, ‘‘How many 
persons shall constitute the executive ? ” and gives the 
official title thereof. 

The executive authority is vested in one person for 
two chief reasons: To secure energy in execution, and 
to impose upon the executive a sense of responsibility. 
If the executive power were vested in a number of per¬ 
sons, the differences and jealousies sure to arise, and 
the absence of responsibility, would result in a feeble 
administration, which is but another name for a bad 
administration. / 

^The term first reported by the committee of the 
whole was seven years, with the provision forbidding 
re-election. Some of the delegates were in favor of 
annual elections, whiie others thought that the executive 
should be elected for life or good behavior. And other 


180 


THE NATION, 


terms, varying from two to ten years, had their advo¬ 
cates. After much discussion, the term of four years 
was agreed upon as a compromise, and no limitation 
was put upon the number of terms for which a person 
might be elected. 

In another place it is made the duty of the president 
to recommended to congress such measures as he deems 
necessary for the good of the country. He should, 
therefore, have a term long enough to fairly test hk 
‘‘policy” and to stimulate him to personal firmness in 
the execution of his duties, yet not so long as to free 
him from a sense of responsibility. It was thought that 
a term of four years would cover both of the conditions 
mentioned. 

^The purpose of having a vice-president is to provide 
a successor for the president in case of his disability or 
death. 

Choosing the President and Vice-President. 

CloMse —Number and Appointment of Electors. 

Each state shall appoint., in such manner as the legis¬ 
lature thereof may direct^ a number of electors equal to 
the whole number of senators and representatives to which 
the stccte may be entitled in the congress; but no senator or 
representative^ or person holding an office of trust or 
profit under the United /States, shall be ayypointed an 
elector. 

Three plans for the election of president and vice- 
president were proposed: First, election by congress; 
second, election by the people; third, election by per¬ 
sons chosen by the people for that special purpose. 

The objection to the first plan was, that it would rob 
the executive branch of that independence which in our 


CHOOSING THE PRESIDENTS. 


181 


plan of government it is designed to possess—it would 
render the executive branch in a measure subordinate 
to the legislative. 

The objections to the second plan came from two 
sources. Some of the delegates feared that, inex¬ 
perienced as they were, the people could not he trusted 
to act wisely in the choice of a president—that they 
would be swayed by partizan feeling, instead of acting 
with cool delil)eration. And the small states feared 
that in a popular election their power would count for 
little. 

Then the compromise in the organization of the con¬ 
gress was remembered, and it was resolved that the 
election of the president and vice-president should be 
placed in the hands of persons chosen for that special 
purpose, and that the number of the electors from each 
state should be that of its representation in congress. 
This satisfied both parties. Those who thought that 
the people could not bo intrusted with so important a 
matter as the choice of the president, hoped that this 
mode would place the election in the hands of the wise 
men of the several states. And the delegates from the 
small states secured in this all the concession which 
they could fairly ask. 

This matter being settled, the next question was: 
How shall the electors be chosen? There being much 
difference of opinion on the subject, it was thought best 
to let each state choose its electors in the way which it 
jnight prefer. 

Naturally the modes of choosing electors varied. In 
some states the legislature chose them, but this mode 
soon became unpopular.* In some states they were 
chosen by the people on a general ticket, and in others, 

* South Carolina, however, retained this mode until very recently. 


182 


THE NA TION. 


by the people by congressional districts. The last is 
the fairest way, because it most nearly represents the 
wishes of the people. By electing on a general ticket, 
the party which is in the majority in any state can elect 
all of the electors. But, for this very reason, the 
majority in each state has finally arranged the matter 
so that this is now the practice in nearly all the states. 

The present system of nominations and pledged 
electors was undreamed of by the framers of the con¬ 
stitution. They intended that in the selection of the 
president each elector should be free to vote according 
to his own best judgment. But it has come to pass that 
the electors simply register a verdict already rendered. 
Briefly the history of the change is this: During the 
administration of Washington (who had been elected 
unanimously) diflferences of opinion on questions of 
policy gave rise to political parties. To secure the 
unity of action so essential to success, the leaders of the 
respective parties, by agreement among themselves, 
designated, as each election approached, persons whom 
they recommended for support by electors of tlieir party. 
Gradually the recommendation came to be looked upon 
as binding. In 1828 the Anti-Masonic party, having 
no members of congress to act as leaders, held a 
‘‘people’s convention.” Its nominees received a sur¬ 
prisingly large vote. The popularity of this mode of 
nomination thus appearing, the other parties gradually 
adopted it, and since 1840 it has remained a recognized 
part of our political machinery. 

Clause S.—Election of President and Vice-President. 

The electors shall meet in their respective states., and 
vote hy ballot for tioo persons., of whom one at least shall 
not be an inhabitant of the same state with themselves. 


CHOOSING THE PRESIDENTS. 


183 


A.nd they shall mcike a list of all the persons voted for.^ 
and the number of votes for each; which list they shall 
sign and certify, and transmit, sealed, to the seat of the 
government of the United States, directed to the president 
of the senate. The president of the senate shall, in the 
presence of the senate and house of representatives, open 
all the certificates, and the votes shall then be counted. 
The person having the greatest number of votes shall be 
president, if such number be a majority of the whole 
number of electors appointed; and if there be more than 
one who have such a majority, and have an equal number 
of votes, then the house of representatives shall immediately 
choose by ballot one of them president, and if no person 
have a majority, then from the five highest on the list 
the said house shall in like manner choose the president. 
But in choosing the president, the vote shall be taken by 
states, the representation from each state having one vote; 
a quorum for this purp>ose shcdl consist of a m&mbef 
or members from tioo-thirds of the states, and a majority 
of all the states shcdl be necessary to a choice. In every 
case, after the choice of the president, the person having 
the greatest number of votes • of the electors, shall be vice- 
president. But if there should remain two or more who 
have equal votes, the senate shcdl choose from them by ballot 
the vice-president. 

Under this provision Washington was elected presi¬ 
dent twice and Adams once. In the disputed election 
of 1800, it was found that this mode would not do. 
The faulty feature in the plan is found in the first 
sentence, which requires the electors to vote for two 
persons for president. In this election, Jefferson and 
Burr, candidates of the same party, received the same 
number of votes and each had a majority. The power 
to choose then devolved upon the house of representa- 


184 


THE NATION. 


lives. There were at that time sixteen states, and con¬ 
sequently sixteen votes. Of these Jefferson received 
eight, Burr six, and the remaining two were ‘‘scatter¬ 
ing.” As it required nine votes to make a majority, no 
one was elected. The balloting was continued for seven 
days, thirty-six ballots being taken. On the thirty- 
sixth ballot Jefferson received ten votes to four for Burr. 
Jefferson thus became president and Burr vice-president. 
But the consequent bitterness of feeling was much re¬ 
gretted, and it was determined to change, slightly, the 
mode of election. The changes consisted in having the 
electors vote for one person for president and for a 
different person for vice-president; and when the election 
is thrown into the house of representatives, the selection 
is to be made from the three highest instead of the jive 
highest as originally. The change was made by the 
twelfth amendment, passed in 1804, which is here given 
in full. 


The Twelfth Amendment. 

The electors shall meet in their respective states and vote 
hy ballot for president and vice-president^ one of whom., 
at least., shall not be an inhabitant of the same state with 
themselvesj they shall name in their ballots the person 
voted for as president^ and in distinct ballots the person 
voted for as vice-president., and they shall make distinct 
lists of all persons voted for as president^ and of all per¬ 
sons voted for as vice-president., and of the number of 
votes for each; which lists they shall sign and certify., 
and transmit sealed to the seat of government of the 
United States., directed to the president of the senate. 
The president of the senate shall., in the presence of the 
senate and house of representatives., open all the certifi¬ 
cates^ and the votes shall then be counted; the person 


THE TWELFTH A3fENE2£ENT 


185 


having the greatest niiinber of votes for president shall he 
president^ if snch nninher he a majority of the whole 
mimher of electors appointed; and if no person have such 
majority,^ then from the persons having the highest num¬ 
bers not exceeding three on the list of those voted for as 
president^ the house of representatives shall choose imme¬ 
diately hy ballot^ the president. But in choosing the 
president^ the votes shall he taken hy states^ the representa¬ 
tion from each state having one vote; a quorum for this 
purpose shall consist of a member or members from two- 
thirds of the states^ and a majority of all the states shall 
he necessary to a choice. And if the house of representa¬ 
tives shall not choose a president whenever the right of 
choice shall devolve upon them., before the fourth day of 
March., next following., then the vice-president shall act as 
president., as in the case of the death or other constitu¬ 
tional disability of the president. 

The person having the greatest number of votes as vice- 
president., shall he the vice-president., if such number he a 
majority of the lohole number of electors appointed., and 
if no person have a majority^ then from the two highest 
numbers on the list the senate shall choose the vice- 
president; a quorum for the purpose shall consist of two- 
thirds of the ichole number of senators., and a majority of 
the whole number shall he necessary to a choice. But no 
person constitutioncdly ineligible to office of president 
shall he eligible to that of vice-president of the United 
States. 

Thus we see that the president may be elected in one 
of two ways—by electors or by the house of repre¬ 
sentatives; and that the vice-president may also be 
elected in one of two ways—by electors or by the 
senate. 

The mode of choosing the president is regarded by 


18G 


THE NATION. 


many as difficult to remember. Perhaps making an 
outline like the folloAving Avill aid the memory: 


First Mode or Process. 

!. The electors, after they are chosen : 

1. Meet in their respective states. 

2. Vote by ballot, for president and vice-president. 

3. Make lists of the persons voted for and the number 

of votes for each. 

4. Sign, certify and seal those lists. 

5. Transmit them to the seat of government, addressed 

to the president of the senate. 

II. The president of the senate: 

1. Opens ti e certificates, in presence of both houses. 

2. Declares the result, after the votes have been 

counted. 


Second Mode or Process. 


Points — 


President — 


Vice-President— 


Cho.sen by. 

From. 

Voting. 

State power. 

Quorum. 

Necessary to choice 


House of Representatives 
Three highest. 

By ballot. 

Each one vote. 
Representatives from 
two-thirds of the states. 
Majority of states. 


The Senate. 

Two highest. 

By ballot. 

Each two votes. 
Two-thirds of senators. 

Majority of senators. 


The place of meeting is usually the capital of the 
state. 

Three “lists” of the vote for president and three for 
vice-president are prepared, and “signed, certified and 
sealed.” One pair of these lists is sent mail and 
another by special messenger. The third is deposited 
with the judge of the United States District Court in 
whose district the electors meet, to bo called for if 
necessary. The purpose of these precautions is to make 
sure that the vote of the state may not be lost, but shall 
witliout fail reach the president of the senate. 









TIMES OE ELECTION. 


187 


Clause —Times of These Elections. 

The congress may determine the time of choosing the 
electors^^ and the day on which they shall give their 
votes f which day shall he the same throughout the United 
States.^ 

^The day designated by congress is the first Tuesday 
after the first Monday in November. The election 
always comes in ‘ficap year.” 

^The electors meet and vote on the second Monday in 
J anuary. 

^This provision was designed, first, to prevent fraud 
in voting; and second to leave each state free to act as 
it thought best in the matter of persons for the offices, 
unbiased by the probability of success or failure which 
would be shown if the elections occurred on different 
days in different states. 

It may be desirable to know in this connection that: 

The president of the senate sends for missing votes, 
if there be any, on the fourth Monday in January. 

The counting of votes is begun on the second M^ed- 
nesday in February and continued until the count is 
finished. (See page 334.) 

In case the electors have not given any one a majority 
for the presidency, the house proceeds at once to elect. 
In a similar case the senate proceeds at once to choose 
a vice-president. 

The provisions of the continental congress for the 
first election were: 

1. Electors to be chosen, first Wednesday in Jan¬ 
uary, 1789. 

2. Electors to vote, first "Wednesday in February. 

3. The presidential term to commence first AYednes- 
day in March. The first Wednesday in Marcn in 1789 


188 


THE NATION. 


was the fourth day of the month, and on that day the 
presidential terms have continued to begin. 

Clause 5.—Qualifications of President and Yice~ 
President. 

No person except a natural horn citizen^^ ora citizen of 
the United States ad the time of the adoption of this 
constitution^^ shall he eligible to the ojfice of president; 
neither shall any person he eligible to that office.^ who shall 
not hare attained to the age of thirty five y ears ^ and been 
fourteen years a resident within the United States 

^The importance of the office is such as, in the opinion 
of the framers of the constitution, to necessitate this 
requirement. And it does not seem unjust to make 
this limitation. 

2This exception was made from a sense of gratitude 
to many distinguished persons, who, though not native 
citizens, had placed their lives and fortunes at the ser¬ 
vice of this country during the revolution, and who 
had already become citizens of the young republic. 
This provision is now, of course, obsolete. 

® Age should bring wisdom. The age specified is great 
enough to permit the passions of youth to become 
moderated and the judgment matured. As a matter of 
fact, the youngest president yet elected was much older 
than this minimum. In monarchies the rulers are 
sometimes children. It cannot be so with us. 

^But a “natural born citizen,” even, may live so long 
in a foreign country as to lose his interest in his native 
land. This provision is intended to preclude the 
election of such persons to the presidency. They might 
seek it at the instance of a foreign government, for 
sinister purposes. 


QUALIFICATIONS — VACANCIES. 


189 


Will residence during any fourteen years satisfy the 
requirement ? Commentators generally have expressed 
an affirmative opinion, based upon the fact that James 
Buchanan and others were elected president on their 
return from diplomatic service abroad. It must be 
remembered, however, that a person sent abroad to 
represent this government does not lose his residence in 
this country. Therefore the fact of Mr. Buchanan being 
elected after acting as our minister to England, has no 
bearing upon the question. On the other hand, the 
evident purpose of the provision could hardly be satis¬ 
fied if a boy, a native of this country, should live here 
until fourteen years of age and then spend the rest of 
his years in a foreign country. And when the matter 
is carefully considered, it will be seen that the only 
fourteen years which will secure that state of mind in 
the candidate which is sought by the provision, are the 
fourteen years immediately preceding election. Again, 
twenty-one and fourteen equal thirty-five. A person 
‘‘comes of age” at twenty-one. The fourteen years of 
manhood added would just make thirty-five years, the 
minimum age required. This coincidence could hardly 
have been accidental, and justifies the view expressed. 

According to the twelfth amendment, the qualifica¬ 
tions of the vice-president are the same as those of the 
president. 

Clause 6 .— Vacancies.- 

In case of the removal of the president from office^ or 
of his death., resignation or inability to discharge the 
powers and duties of the said office^ the same shall devolve 
on the vice-president., and the congress may by law provide 
for the case of removal., death., resignation or inability., 
both of the president and vicepresident^ declaring what 


190 


THE NATION. 


officer shall then act as president^ and such officer shall 
act accordingly.^ until the disability he removed.^ or a 
'president shall he elected. 

If no regular succession were established, there would 
be danger of anarchy. 

By an act passed March 1, 1792, congress provided 
that in case of the disability of both president and vice- 
president, the duties of the office of president should 
devolve upon the president pro tempore of the senate; 
and in case of a vacancy in that office, that they should 
then devolve upon the speaker of the house of repre¬ 
sentatives. 

But when president Garfield died there was no presi¬ 
dent pi'O tempore of the senate and no speaker of the 
house; so that when vice-president Arthur became 
president, there was no one to succeed him in case of 
his disability. It was then expected that congress 
would devise another plan of succession; but it did not. 
When vice-president Hendricks died, there was again 
no president tempore of the senate or speaker of the 
house. This recurrence of the danger within four years 
prompted congress to provide an order of succession 
less liable to accident than the one so long in use. The 
succession Avas placed in the cabinet in the following 
order: Secretary of state, secretary of the treasury, 
secretary of war, attorney-general, postmaster-general, 
secretary of the navy, and secretary of the interior. 

When the vice-president or secretary becomes presi¬ 
dent, he serves for the remainder of the term. 

One very important item in this connection the con¬ 
stitution leaves unprovided for, namely, Avho shall de¬ 
termine Avhen “ disability,” other than death, occurs or 
ceases? Certainly the decision should not be left to 


PBESIDEWrs SALAEY. 191 

those interested in the succession. No official answer 
to this question has yet been given. 


Clause 7. — President's Salary. 

Tlie president shaJl^ at stated times., receive for his 
services a compensatioid which shall he neither increased 
nor diminished during thep>criod for which he shall have 
heen elected^^ and he shall not receive within that period 
any other emolument froin the United States or any of 
them A 

^Otherwise a person of moderate means would be 
debarred from accepting the position, and the country 
might thereby be deprived of the services of some man 
of lofty character. 

^Thus congress can neither bribe nor drive the presi¬ 
dent into doing anything which he may regard as 
unwise or wrong. And on the other hand, the president 
has no temptation to try to ‘ ‘undermine the virtue” of 
congress for his own pecuniary benefit. 

^This provision has the same purpose in view as the 
last. “He is thus secured, in a great measure, against 
all sinister foreign influences. And he must be lost to 
all just sense of high duties of his station, if ho docs 
not conduct himself with an exclusive devotion to the 
good of the Avhole people, unmindful at once of the 
blandishments of courtiers, who seek to deceive him, 
and of partizans, who aim to govern him, and thus 
accomplish their own selfish purposes.”* 

Till 1873 the salary of the president was $25,000 a 
year. It was then raised to $50,000 a year. He also 
has the use of the White House, which is furnished at 
national expense; and special appropriations are fre- 


* story. 



192 


THE NATION. 


quently made to cover special expenses. And yet few 
presidents have been able to save anything out of their 
salaries. 

The vice-president receives 18000 a year. 


Clause 8.—Oath of Office. 

Before he enter upon the execution of his office.^ he shall 
take the following oath or affirmation: "'"'I do solemnly 
swear {or affirni) that I will faithfully execute the office 
of T)^'<^8ident of the United States, and will to the hest of 
my ability, 2 >reserve, yyrotect and defend the constitution 
of the United StatesN 

This oath is usually administered by the chief justice 
of the Supreme Court. It is very simple, pledging the 
president to two things only; but thc}^ are the essential 
things. 

“Taking the oath” is a part of the inauguration 
ceremonies which occur, usually, on the fourth of 
March. 


Pertinent Questions. 

Was there any president under the confederation? Why? 
Wlien does the president’s term heginV Suppose that day 
comes on Sunday? How does a presidential term compare 
with that of senator? Of representative? The first proposi¬ 
tion in the constitutional convention was to make the presi¬ 
dential term seven years, and limit a person to one term. Is 
the present plan better or not as good? For how many terms 
may a person be elected president? What presidents have 
been elected for a second term? 

IIow many presidential electors is this state entitled to? 
New York? Illinois? Wisconsin? Delaware? How many 
are there altogether? Show how the present mode is an ad¬ 
vantage to the small states. W ho were the electors of this state 
in the last presidential election? Get a “ticket” or ballot 
and study it. Tear off, beginning at the top, all that you can 
without affecting the vote. How could a person have voted 
for one of the republican candidates without voting for the 


PERTINENT QUESTIONS. 


193 


other? Where did the electors of this state meet? When? 
Did yon preserve the newspaper report of their proceedings? 

Could the president and vice-president be chosen from the 
same state? ^ How many electoral votes were necessary to a 
choice last time? How many did each candidate receive? In 
case of election by the house of representatives, what is the 
smallest possible number that could elect? In case the house 
should fail to choose a president before the fourth of March, 
who would be president? Have we ever been threatened with 
a case of this kind? Which presidents have been elected by 
the house? Has a vice-president ever been chosen by the 
senate? 

Specify four differences between the old and the new way of 
electing president and vice-president. Which was the most 
important change? What statement in the twelfth amend¬ 
ment was unnecessary in the original provision? If “two- 
thirds of the senators” are present, are two-thirds of the states 
necessarily represented? What is the smallest number of 
senators that could elect a vice-president? How many times 
has the vice-president succeeded to the presidency? What 
caused the vacancies? Is the result of the election knovrn 
before the meeting of the electors? 

Who is our present minister to England? Would a son of 
his born in England today be eligible in due time to tlie 
presidency? Make a comparative table, giving the qualifica¬ 
tions, mode of election (general), and term of representatives, 
senators and president. 

Who is now vice-president of the United States? Have we 
ever had more than one vice-president at the same time? 
Hamethe persons, in their order, who would succeed to the 
presidency if the preciCent should be unable to perform his 
duties. If the president should become insane, who would 
decide that such is the fact? How long would the person thus 
succeeding to the position of acting president serve? Stale 
four ways in which a vacancy in the office of president may 
occur. If the president leaves Washington, is a vacancy 
created? If he leaves the country ? If he is impeached? tn 
case of the non-election of either president or vice-president, 
who would serve? How long? How is a vacancy in the office 
of vice-president filled? 

At what “stated times” is the salary of the president paid? 
In November, 1872, President Grant was re-elected. His new 
term began March, 1873. In the meantime the salary of the 
president was increased to $50,000. Did President Grant get 
the increase? Explain. 

Does the vice-president take an “oath of office?” If he suc¬ 
ceeds to the presidency must he take the oath prescribed in 
the constitution ? What constitutional provision for the salary 
of the vice president? Compare the duties of a governor of a 
state with those of the president. 


m 


THE NATION. 


Debate. 

Resolved, That the president should be elected by a direct 
vote of the people. 

Resolved, That the presidential term should be lengthened, 
and a second term forbidden. 


Section II.— Powers of the President. 

Clause 1 .—Some Sole Powers. 

The president shall he commander-in-chief of the army 
and navy of the United States., and of the militia of the 
several states, when called into the actual service of the 
United States f he may require the opinion, in writing, 
of the gjrincipal officer in each of the executive depart¬ 
ments, upon any subject relating to the duties of their 
respective offices,"^ and he shall have power to grant re¬ 
prieves and pardons for offenses .against the United 
States, except in cases of impeachment."^ 

^Elsewhere it is made the duty of the president to see 
“that the laws are faithfully executed.” The execution 
of the law may sometimes require force, hence it seems 
proper that the command of the army should be vested 
in him. Again, an army may be necessary to defend 
the country. In order that it may act promptly and 
efficiently, it must be directed by one person ; and the 
person whom we instinctively designate for the purpose 
is the president. 

The possession of this power by the president is 
fraught with danger, however. Unless surrounded by 
proper checks, it might be used to overturn our system 
of government. But the president can hardly, as now 
situated, misuse this power. In the first place, the 
general rules for the management and government of 
the army are made by congress. In the second place, 


POWERS OF THE PRESIDENT, 


195 


the army is supported by appropriations made by 
congress, and these are made for short periods. 
In the third place, congress could reduce or even 
abolish the army, if that step seemed necessary in 
defense of our liberties. In brief, the support and con¬ 
trol of the army are in the hands of congress; the presi¬ 
dent merely directs its movements. 

Thus far the president has never actually taken the 
field in command of the army; he has appointed military 
commanders, and has simply given them general 
directions, which they have carried out as best they 
could. At any time, however, if dissatisfied with the 
results, he may change the commander. 

^The president cannot personally see to the carrying 
out of all the laws, and yet he is the one responsible for 
their execution. To assist him, the work is divided up 
into parts, and each part is placed in the hands of an 
officer appointed by the president (with the consent of 
the senate) and responsible to him. These persons con¬ 
stitute what is known as the cabinet, and all but two 
have the title secretary. 

The one who keeps the originals of the public docu¬ 
ments, the great seal, and the public records, is called 
the secretary of state. He is to the United States 
somewhat as the clerk is to the district or town, or the 
auditor to the county. But in addition, he is the one 
who has charge of our relations with foreign countries. 
He is the one to whom you would apply for a passport, 
if you were going to travel in foreign lands. He has an 
assistant and many subordinate officers. In this depart¬ 
ment are three bureaus, as they are called—the diplo¬ 
matic, the consular, and the domestic. (For further in¬ 
formation, see pages 321, 349, 350.) 

The officer Avho has general charge of the receiving 


196 


THE NATIOH. 


and paying out of money is called the secretary of the 
treasury. Pie has two assistants and thousands of 
subordinates, some in Washington and others through¬ 
out the country. Under his direction money is coined, 
“greenbacks” and other tokens of indebtedness are 
issued and redeemed. He also has general charge of all 
government provisions for making navigation safe along 
the coast, such as lighthouses, etc. 

All that pertains to executive control of the army is 
in charge of the secretary of war. The chiefs of bureaus 
in this department are army officers. The secretary 
may or may not be. The military academy at West 
Point is also, as we might expect, in charge of this de¬ 
partment. (See p. 311.) 

The control of the navy is exercised by the secretary 
of the navy. The chiefs of bureaus here are navy 
officers. The secretary may or may not be. This de¬ 
partment has charge of the construction of war ships 
and the equipment of them; and, as we would expect 
it has charge of the naval academy at Annapolis (p. 311). 

The department which has the greatest diversity of 
duties is that of the interior. This department has 
charge of patents and trade-marks, of pensions, of United 
States lands, of the Indians, of the census, and of 
education. Its chief officer is called the secretary of the 
interior. The chiefs of bureaus in this department, 
except that of the census, are called commissioners. 

The chief officer of the postoffice department is called 
the postmaster general. Here there are five bureaus, in 
charge respectively of appointments, contracts, finances, 
money orders, and foreign mail. 

The officer who has charge of prosecution or defense 
of suits for or against the United States is called the 
attorney general. He is to the United States what the 


POWEBS OF THE PRESIDENT. 197 

county attorney is to the county. He has, of necessity, 
many assistants. All United States district attorneys 
and marshals act under direction of this department. 
He is also legal adviser of the government. 

By an act approved February 11, 1889, the depart¬ 
ment of agriculture was established with appropriate 
duties assigned to it. 

The practice of holding regular cabinet meetings was 
begun by Jefferson, and has continued as a matter of 
custom and expediency ever since. The meetings are 
attended only by the president, his private secretary, 
and the cabinet. They are held for the purpose of con¬ 
sultation. The president may act upon the advice of 
his cabinet or not as he chooses. 

The reports or opinions referred to in the provision 
of the constitution now under consideration, are called 
for at least once a year and are transmitted to congress 
with the president’s message. But they may be called 
for at any time. 

Cabinet officers are not directly authorized by the 
constitution, but provisions of this section seem to take it 
for granted that the president would have such assistants. 

^This power extends to military offenses as well as to 
the criminal offenses of civilians. 

The Supreme Court has decided that the president 
has power also to commute sentences; and that he may 
act in tlie matter at any time after the offense is com¬ 
mitted, even before the trial. He may also stop pro¬ 
ceedings in any criminal case prosecuted in the name of 
the United States. 

The exception in case of impeachment was first made 
in England, to prevent the king from shielding his min¬ 
isters. It is in our constitution as a similar check upon 
the president. 


198 


THE NATION. 


Clause 2.—Powers shared hy the Senate. 

He shall have power^ hy and with the advice and con- 
sent of the senate., to mahe treaties., provided that tico- 
thirds of the senators present concur^ and he shall nom¬ 
inate and hy and with the advice and consent of the 
senate^ shall appoint amhassadors., other public minister's 
and consuls., judges of the Supreme Courts and all other 
officers of the United States., whose appointments are not 
otherwise herein provided for., and which shall he estab¬ 
lished hy lawf hut congress may hy laio vest the appoint¬ 
ment for such inferior officers as they may thinh pi'oper., 
in the president alone., in the courts of law., or in the heads 
of departments."^ 

^The “advice” of the senate is rarely, if ever, asked; 
but its “consent” must be had in order to make the 
treaties lawful. 

For the mode of making treaties, see pp. 320, 350, 360. 

The power to make treaties was confided to the 
president originally because it had been the custom for 
the executive to possess the treaty-making power. But 
it is defensible on other grounds. Some treaties need 
to be considered secretly. This could hardly be done 
if congress were the treaty-making power. But the 
president and the cabinet can consider the matter in 
secret. Then promptness is sometimes needed, as in 
case of a treaty to close a Avar. Promptness may pre¬ 
vent useless loss of life. If congress had to be sum¬ 
moned, valuable time Avould be taken. As tAvo-thirds 
of the senators present must agree to the provisions of 
the treaty, the president cannot misuse the poAver 
granted in this provision. 

When the treaty necessitates the raising of money, 
the house of representatives is generally consulted, also. 


POWERfi SHARED BY THE SENATE, 


199 


In fact, if the house opposed such a treaty it is ques¬ 
tionable whether it could be carried out. In each of 
the three great purchases of territory the president con¬ 
sulted congress before making the purchase. 

^The nominations are made in writing, and the senate 
may either confirm or reject the nominees. The person 
or persons confirmed are then appointed by the president. 
When a nominee is rejected, the president generally 
sends in a new nomination. 

This mode of appointment is thus defended by Alex¬ 
ander Hamilton, in the Federalist: “The blame of a bad 
nomination would fall upon the president singly and 
absolutely. The censure of rejecting a good one would 
lie entirely at the door of the senate; aggravated by the 
consideration of their having counteracted the good 
intentions of the executive. If an ill appointment 
should be made, the executive for nominating, and the 
senate for approving would participate, though in 
different degrees, in the opprobrium and disgrace.” 

It will be noted in this connection that, while in the 
state most of the officers are elected, in the general gov¬ 
ernment all officers except the president and vice- 
president are appointed. 

In Washington’s administration the question was 
raised, can the president remove officers without the 
consent of congress? And it was decided that the 
president can remove all officers whom he can appoint. 
Judges, who hold for life, are of course excepted. 
During Johnson’s administration, the power of the 
president in this direction was declared to be exactly 
equal to his power of appointment,—that is, if the con¬ 
sent of the senate be necessary to an appointment, it 
would also be necessary for removal. But afterwards 
the law was amended, so that now the president may 


200 


THE NATION. 


suspend an officer until the end of the next session of 
the senate, and make a temporary appointment. If the 
senate does not at its next session confirm the nomina^ 
tion to fill the vacancy, the old officer is re instated. 
But if the president is determined to carry his point, 
he may immediately suspend the old officer a^ain, and 
re-appoint the rejected candidate, and continue so to do. 

During the early administrations comparatively few 
removals were made, except where it seemed necessary 
for the improvement of the public service. But Andrew 
Jackson introduced into our politics the proposition, 
“To the victors belong the spoils;” which means that 
the party electing the president should have all the 
offices. This view of the case presents to every pulJic 
officer the temptation to secure himself in place, not by 
meritorious service in the line of his duty, but by 
activity in the service of his party; the tendency is, to 
displace love of country and devotion to duty, and to 
substitute therefor subserviency to strong party leaders. 
So crying has the evil become, that many of the wisest 
and most patriotic men in the country are seeking to so 
far reform the public service that an officer may feel 
reasonably secure in his position so long as he performs 
his duties faithfully, and that vacancies shall be filled by 
the promotion of worthy subordinates. 

^This is to secure two objects: first, to relieve the 
president of the burden of appointing thousands of such 
officers; and second, to place the appointment in the 
hands of the officers responsible for the Avork of these 
subordinates. 

The principal officers thus appointed are: 

1. Postmasters having salaries less than $1000 a year, 
appointed by the postmaster general. 

2. Clerks, messengers, janitors, etc., in the several 


DVTIES OF THE PRESIDENT. 


201 


departments, appointed by the respective secretaries. 
The chiefs of bureaus and some of the more important 
officers in each department are appointed by the presi¬ 
dent with the consent of the senate. 

3. The subordinates in each custom house, appoint¬ 
ed by the collector thereof. 

4. Clerks of United States courts, appointed by the 
judges. The United States district attorneys and 
marshals are appointed by the president, with the con¬ 
sent of the senate. 

The term of appointees is four years, unless sooner 
removed. They may be and are removed, however, as 
before said, n at only for unfitness, but also for political 
reasons. 


Clause 3.—Temporary Appointments. 

The president shall have to fill oil vacancies 

that may happen during the recess of the senate., hy 
granting commissions ivhich shcdl expire at the end oj 
their next session. 

This provision is necessary because the senate is not 
always in session, and it would not pay to convene it 
for the purpose of acting upon nominations every time 
a vacancy occurs. The president may wait, however, 
if the case will permit, until the next session of con¬ 
gress before making an appointment. 

Section III. —Duties or the President. 

He shall from time to time give to congress information 
of the state of the Union., and recommend to their consid¬ 
eration such measures as he shall judge necessary and 
expedienthe may on extraordinary occasions., convene 
loth houses or either of them^^ and in case of disagreement 


9m 


THE NATION. 


betioeen tkem.^ with respect to the time of adjournment., he 
may adjourn them to such time as he shall think projyerf 
he shall receive ambassadors and other public ministers f 
he shall take care that the laws befaithf dly executed and 
shall commission all officers of the United States.^ 

^The president complies with this provision by send¬ 
ing to congress at the beginning of each regular session 
his annual message. And at other times, as occasion 
demands, he sends special messages. 

^Congress has been convened in extra session by presi¬ 
dential proclamation only twelve times in all. The 
senate is frequently convened in extra session at the close 
of the regular session to consider appointments. This 
usually happens on the accession of a new president. 

occasion has ever arisen for the exercise of this 

power. 

^In all governments, diplomatic intercourse with 
other governments is carried on through the executive 
department. (See pages 347 and 349.) 

By “ receiving ” an ambassador, the country from 
which he comes is “ recognized ” as an independent sov¬ 
ereignty, a nation. Ambassadors may be rejected or 
dismissed, if personally objectionable to this country, ii 
the countries from which they come are not recognized 
as belonging to the sisterhood of nations, or if the 
relations between their country and this become un¬ 
friendly. Nations at war with each other do not 
exchange ambassadors; each recalls its representative 
at the time of declaring war. Our ambassadors or 
other public ministers may be rejected by other nations 
for the reasons given above. 

It will readily be seen that this power or duty may 
impose upon the president at times grave responsibility. 
The nature of this responsibility may be understood 


RESPONSIBILITY OF OFFICERS. 


203 


when we remember the efforts made by the confederate 
states to secure recognition of their agents at the courts 
of London and Paris, during the civil war. For either 
country to have recognized them would have been to 
interrupt our friendly relations with that country, and 
might have led to war between it and us. (See page 347.) 

®This is the president’s most important duty ; and it 
is his duty to enforce the law whether he believes in its 
wisdom or not. He acts through the executive officers 
previously referred to. 

®The commission bears the signature of the president 
and the great seal of the United States, the latter affixed 
by the secretary of state. 


Section IV.—Kesponsibility of Officers. 

The president^ mce-president., and all civil officers of 
the United States^ shall he removed from office on im¬ 
peachment for., and conviction of treason., bribery., or 
other high crimes and misdemeanors. 

The word “civil” in the provision is used here in 
distinction from military and naval. It is generally 
understood that members of congress are not “civil 
officers” within the meaning of this provision. Military 
and naval officers are tried by courts-martial, and mem¬ 
bers of congress are subject to trial by the house to 
which they belong. 

The definition of “high crimes and misdemeanors” 
rests with the senate. Treason is defined in the con¬ 
stitution, and bribery has a meaning understood by all. 

There have been seven cases of impeachment before the 
United States Senate. (See pages 131, 138 and 333.) 


204 


THE NATION. 


Pertinent Questions. 

When, near the close of the late war, General Grant com¬ 
manded all the armies of the Union, had he any superior 
officer? (That is, was there any officer higher in rank than he ?) 
AVlio is commander-in-chief of the United States army today? 
Who is the highest purely military officer, and what is his 
rank? 

Name the members of the present cabinet. If you wanted 
to trade with the Indians, to whom would you make applica¬ 
tion for permission ? 

Can the president pardon before trial? What cases can he 
not pardon? Name some one pardoned by the president. 
Could he pardon prisoners confined for breach of state law? 
Where does the general government confine its prisoners? 

What is the smallest nuruber of senators that could confirm 
or reject a treaty ? What is meant by the executive session of 
the senate ? How could you witness the proceedings at such a 
session ? How large a vote is necessary to confirm a nomina¬ 
tion of the president ? 

What is an ambassador? A minister? A consul? What is 
meant by “inferior” officers? By “civil service reform?” 

State the principle which seems to cover the matter of 
removals. 

Have you read the president’s last annual message? What 
“information” did he give to congress? What “recommenda¬ 
tions” did he make? How was the message delivered to con¬ 
gress? What “extra sessions” of congress do you remember? 
What ones have you read about in books? When were the 
different extra sessions called? 

Give the number of bills vetoed by each president. 

Has the president ever had to adjourn congress? For how 
long could he do it? How is the British parliament prorogued ? 

Where do impeachments originate? By whom are they tried? 
Who may be impeached? What for? Can persons who have 
ceased to be officers be impeached? What is the extent of 
sentence? Was President Johnson impeached? How is an 
impeachment trial conducted? What persons have been im¬ 
peached? 

Prepare a tabulation telling: 

1. Mode of election of president (general statement only) 

2. Qualifications. 

3. Term. 

4. Vacancy. 

5. Salary—constitutional provision; law. 

6. Powers. 

7. Duties. 


THE JUDICIAL BRANCH. 


205 


CHAPTEE XXIY. 

AETICLE III.— The Judicial Branch. 

In the Iayo articles so far considered, we have studied 
about the X^'^-maMng and the Idiw-enforcing branches 
of the government. We shall next examine the third 
great branch, the one which intei^jjvets and a^^lies the 
laws. 

Section I. —Oroanization. 

The jttdicial power of the United States shall he rested 
in one Supreme Gourt^ and in such inferior courts as 
the congress may from time to time ordain and establish? 
The judges both of the Supreme and inferior courts^ shall 
hold their offices during good behavior^ and shall at stated 
times receive for their services a compensation^ which shall 
not be diminished during their continuance in office? 

^The creation of the Supreme Court, a distinct co¬ 
ordinate branch for the final interpretation of law, was 
the master-stroke of the constitution. “ The Supreme 
Court has no prototype in history.” 

While the existence of the Supreme Court is thus 
provided for in the constitution, the number of judges to 
constitute it was Avisely left with congress. Thus the 
organization may be changed as circumstances change. 
The Supreme Court at first consisted of six justices, as 
they are called; but owing to the groAvth of the coun¬ 
try and the consequent increase of labor to be performed, 
the number of justices has been increased to nine. 

^hinder this provision congress has established three 
grades of “inferior” United States courts, the Circuit 
Courts of Appeal, Circuit Courts, and the District 
Courts. 

The United States is divided into nine judicial cir- 


206 


THE NATION. 


cuits, to each of which are assigned one justice of the 
Supreme Court and two circuit judges. (See page 307.) 
These constitute what is called the Circuit Court of 
Appeals, having appellate jurisdiction in their respect¬ 
ive circuits and holding annual sessions for that pur¬ 
pose. (See page 210.) 

The United States is further subdivided into more 
than sixty judicial distmcts. In each of these districts, 
at least one session of the circuit court and one of the 
district court is held each year. (See pages 210 and 
307-9.) A full circuit court bench consists of a supreme 
court justice, a circuit judge, and a district judge; but 
court may be held by any one or two of them. The 
district court consists of the district judge. 

^This virtually means during life. The purpose of 
this provision is to raise the judges above temptation, 
to put them in a position where they may feel safe in 
doing their exact duty, unawed by any outside power. 
If with this opportunity they prove unjust, they may 
be impeached. But so far, almost without exception, 
those who have been honored with a place on a United 
States court have proved worthy of their high calling. 

“^The purpose of this also is to remove temptation 
from the judges. The salarj^ of the chief justice is 
$10,500 a year, and that of each associate justice, 
$10,000. This seems like a generous amount. But 
several times a place on the supreme bench has been 
declined, on the plea that the nominee could not afford 
to serve for the salary attached. 

®This is to prevent the other two branches from occu¬ 
pying a threatening attitude toward the judiciar}^. But 
the salary may be increased. And the salary may be 
reduced, to take effect with appointments made after the 
passage of the law. 


JURISDICTION OF THE COURTS. 207 
Section II.— Jurisdiction of the Courts. 

Clause 1. — Extent. 

The judicial power shall extend to all cases .jin lam and 
equity j arising under this constitution.^ the laws of the 
United States, and treaties made or which shall he made, 
under their authority f to all cases affecting ambassadors, 
other public ministers, and consuls f to all cases of ad¬ 
miralty jurisdiction f to controversies to which the TInited 
States shall he a party f to controversies between two or 
more statesf between a state and citizens of another 
state f between citizens of different states f between citi¬ 
zens of the same state claiming lands under grants of 
different states, and between a state or the citizens thereof, 
and foreign states, citizens or subjects.^^ 

^ The courts decide what the law is, w hether a specified 
law is constitutional or not, and what the meaning of 
constitutional provisions is, but only as these questions 
arise in cases brought before them for trial. They do 
not advise congress or the president as to the constitu¬ 
tionality or unconstitutionality of a law. They do not 
directly make law. But in determining the meaning of 
certain laws and of constitutional provisions they may 
determine wdiat the law is, and thus they may be said to 
make law indirectly. But sometimes a legal question 
or a question as to the meaning of a constitutional pro¬ 
vision remains for a long time unanswered, because no 
case involving the question comes before the courts. 

^ Sometimes the law provides no adequate remedy for 
a wrong. Here is the necessity for a court of equity. 
For instance, A sells his business to B, agreeing not to 
become a rival, but immediately reopens in the next 
block. B’s only remedy in law is to secure damages. 
If this remedy is shown to be inadequate, a court of 


208 


THE NAT I OK 


equity will close A’s store. Or if C, having contracted 
to do a certain act for D, fails or declines to perform 
his part, the law can only aAvard D damages; equity 
will compel the fulfillment of the contract. Law is 
curative, equity is preventive. (See Dole, 502.) 

In some states there are separate courts of law and of 
equity. But the provision under discussion gives the 
United States courts jurisdiction in cases both of law 
and of equity. “ There are no juries in equity cases, 
and no criminal trials.” 

^These pertain to the whole United States, so cases 
arising under them should be tried by a national, not by 
a state, court. 

^Thus showing respect for the governments repre¬ 
sented by them. 

®That is, to cases arising on the high seas or on navi¬ 
gable waters. These matters, according also to I. 8 : 
10, 11, are under the jurisdiction of the United States, 
and therefore this provision is simply a consequence of 
the two referred to. 

^Because then the interest^of the whole country are 
at stake, and should not be left to any state. 

^Because the United States was organized to ‘‘insure 
domestic tranquility.” | 

‘^This provision has been modified by the eleventh 
amendment, which reads as lollows: ‘'The judicial 
])Ower of the United States shall not be construed to 
extend to any suit in law or equity, commenced or 
prosecuted against one of the United States by citizens 
of another state, or by citizens or subjects of any foreign 
state.” That is, if the state is the the suit 

may be tried by the United States Supreme Court 
(compare clause 2). Claims of individuals against a 


JURISDICTION OF THE COURTS, 


209 


state, if denied by the auditor, may be referred by them 
to the legislature. A state cannot be sued by an indi¬ 
vidual or corporation. 

When a citizen is sued he must be sued either in the 
courts of the United States or in those of his own state. 
It would be a source of irritation to compel a state to 
sue a citizen of another state in the courts of his own 
state, hence this provision that such suits shall be in the 
United States court. 

®To remove temptation to injustice through local prej¬ 
udice. But the suit is tried in, and in accordance with 
the laws of, the state of which the defendant is a citizen. 

^^Because the states are involved in the suit, and it 
would be unfair to let either decide the controversy. 

This provision is not of much importance now, 
because state boundaries are clearly defined. But when 
the constitution was framed, this kind of question 
meant a good deal. The charters given during colonial 
times were very loosely drawn, and claims of different 
colonies and proprietors overlapped each other. The 
question of ownership had not been settled at the time 
of the revolution. During the formative or confeder¬ 
ation period, these disputes had been a source of much 
ill-feeling. 

^^Because the general government, and not the indi¬ 
vidual states, has charge of our foreign relations. A 
foreign country holds the United States responsible for 
the acts of its citizens; and only the United States can 
be looked to, to secure justice to its citizens on the part 
of foreign countries or citizens. 

Clause 2 .—Jiorisdiction of the Supreme Court, 

In all cases affecting ambassadors^ other public minis¬ 
ters and consuls^ and those in which a state shall be a 


210 


THE NATION. 


jparty.^ the Supreme Court shall have original jurisdic¬ 
tion} In all the other cases before mentioned^ the Su¬ 
preme Court shall have appellate jurisdiction^ both as to 
law andfact^ with such exceptions and under such regu¬ 
lations as the congress shall mahe? 

^Tliat is, such a suit must commence in the Supreme 
Court, and so cannot be tried elsewhere. 

^That is, the action must commence in some lower 
court, but it may be appealed to the Supreme Court. 

The U. S. District Court has jurisdiction over crimes 
committed on the high seas, and over admiralty cases 
in general; over crimes cognizable by the authority of 
the United States (not capital) committed within the 
district, and over cases in bankru 2 )tcy. 

The U. S. Circuit Court has original jurisdiction in 
civil suits involving $2000 or more, over equity cases, 
and over cases arising under patent and copyright laws. 

^To relieve the Supreme Court, Avhich was years be¬ 
hind with its work, congress recently provided for a 
U. S. Circuit Court of Appeals in each of the nine cir¬ 
cuits, which has final appellate jurisdiction in nearly 
all cases except those involving the constitutionality of 
a law. 


Clause 3 .—The Trial of Crimes. 

The trial of all crimes.^ except in cases of impeachment 
shall be by jury ^ and such trial shall be held in the state 
where said crimes shall have been committed ; ^ bid when 
not committed within any stated the trial shall beat such 
place or places as congress may by law have directed.^ 

trial by jury is a trial by twelve men impartially 
selected. This is regarded as one of the great bulwarks 
of liberty. 


TREASON. 


211 


Civil cases may, at the desire of both parties, be 
tried by the court only. But for criminal trials a jury 
is guaranteed by this provision. In a criminal trial, the 
state or the nation is the prosecutor, and state or 
national judges might be temped to decide unjustly, if 
the matter were left to them. 

-This leaves the accused in better condition to defend 
himself, than if he could be taken away far from home. 
He is thus able at the least expense to bring witnesses 
in his own behalf. In harmony with this, each state 
has at least one U. S. District Court for the trial of 
crimes against the general government. (See Declara¬ 
tion of Independence.) 

This provision is probably binding also upon the states. 

^That is, in the District of Columbia, in one of the 
territories, in the Indian country, in the forts or arsenals 
of the United States, or upon the high seas. 

^Congress has specified courts for the trial of such 
crimes. Those committed on the high seas are tried in 
the state where the vessel arrives. (See pages 230-4.) 


Section III.— Treason. 

Clause 1.—Definition and Trial. 

Treason against the United States shall consist only in 
levying tear against them^ or in adhering to their enemies., 
giving them aid and comfort.^ No joersem shall he con¬ 
victed of treason unless on the testiw.ony of two witnesses 
to the same ovei^t act., or on confession in ojpen court. 

^Treason is, in essence, a deliberate and violent breach 
of the allegiance due from a citizen or subject to his 
government. Being directed against the powers that 
be, the government in self defense is tempted to punish 
19 


212 


THE NATION. 


it severely. The more tyrannical a government is the 
more likely it is to be plotted against, and the more 
suspicious it becomes. If treason were undefined, the 
government might declare acts to be treasonable which 
the people never suspected to be so. This had occurred 
so many times, and good men had so often been sent on 
this charge to an ignominious death, that the framers of 
the constitution deemed it prudent to define treason 
carefully in the fundamental law itself. 

These provisions are taken from the famous statute 
of Edward III which first defined treason in England. 
This statute declared five tldngs to be treasonable, only 
the third and fourth of which are held by our constitu¬ 
tion to be so. 

^An overt act is an open act, not one that is simply 
meditated or talked about, but one actually performed. 

The Supreme Court has decided that there must be 
an actual levying of war; that plotting to overthrow 
the government is not treason. But if hostilities have 
actually begun, if war has commenced, ‘ ‘all those who 
perform any part, however minute, or however remote 
from the scene of action, and who are leagued in the 
general conspiracy, are to be considered traitors.” 

Two witnesses, at least, “to the same overt act,” are 
required, because thus only can a “preponderance of 
testimony” be secured. 

Clame — Punishment. 

The congress shall ham power to declare the punishment 
of treason., hut no attainder of treason shall work cor¬ 
ruption of hlood or forfeiture except during the life of 
the person attainted. 

As has been hinted, the punishment of treason had 
been very severe in European countries. Not only was 


PERTINENT QUESTIONS. 


213 


the person convicted of treason put to death in the most 
horri])le Avays, hut his property was forfeited, and no 
one could inherit property from him or through him. 
Thus not only the person himself, but also his children 
and his children’s children, were punished. The pur¬ 
pose of this provision is, in the Avords of Mr. Madison, 
to restrain congress “from extending the consequences 
of guilt beyond the person of its author.” 

Pertinent Questions. 

By what authority was the Supreme Court established? By 
whom is it organized? Why is sucli a court necessary? How 
many judges or justices constitute the Supreme Court? Name 
them. Tell what president apjDointed each. 

How many and what “inferior courts” has congress estab¬ 
lished ? Name the Supreme Court justice assigned to this cir¬ 
cuit. How many other states in this circuit ? Name our two 
United States circuit judges. Name the United States district 
judge. How are these officers appointed ? How long do 
they serve ? State the salary of each class of judges. What 
legal provision is there in regard to retiring United States 
judges ? 

If a person should rob the mail, in what court would he be 
tried? Tell about the Dartmouth College case. If any one 
should be caught making cigars without a license, before what 
court would he be tried? If an American owed money to an 
ambassador from a foreign country, and declined to pay it, how 
could the ambassador get his pay? If the ambassador owed 
an American, how could the American get his pay? Would 
you, if the United States government asked you to represent it 
in a foreign country, like to be tried by a court of that country? 

If a murder be committed in the District of Columbia, in 
what court is the trial had? If committed in Minnesota? In 
Wyoming? If a sailor should steal from a passenger, when out 
on the ocean, where would the case be tried and in what court? 

If a state other than the one in Avhich you live should sue 
you where could the case be tried? Hoav can the United 
States be a party to a suit? 

Have you knowledge of any case in which one state sued 
another? , If a merchant in your town should buy goods from 
a Avholesale house in Chicago or New York, and should fail or 
refuse to pay for them, how could the house get its pay? 
What laws would apply to the case? What principle seems to 
be involved in these answers? 

How many acts of congress have been declared unconstitu¬ 
tional by the Supreme Court? 


214 


THE NATION. 


Can a citizen of Wyoming bring a suit in a United States 
court? If yon lived in Montana, how could you recover money 
owed you in Minnesota? Can a United States otlicial be sued 
for acts performed in the discharge of his duties? 

What famous case of treason was tried in 1807 ? Was Jeffer¬ 
son Davis ever tried for treason ? 

If the property of a traitor is taken by the government, must 
it be restored to his heirs at liis death? Can you commit 
treason against this state? What do you know about the Jolm 
Brown case? 

Compare III. 2, 3, with amendments 5 and 6, and state the 
rights of a person accused of crime, which are guaranteed by 
the constitution. 


Debate. 

Resolved, That all judicial officers should be appointed. 


Tabular Vieio. 

Prepare a tabular view comparing the three departments of 
the United States government. 


CHAPTER XXV. 

ARTICLE IV.— The Relations of the States. 


Section I. —State Records. 

Full faith and credit^ shall be given in each state to the 
'public acts^^ recordsf and judicial proceedings^ of every 
other state. And the congress may by genercd laics pi^e- 
scribe the manner in ichich such acts, records and pro¬ 
ceedings shall be provedand the effect thereof. 

^That is, such faith and credit as would be given to 
such acts, etc., in the state in which they orignated. 

2That is, the legislative acts,—the statutes and the 
constitutions. 




imjABITANTS OF OTHER STATES. 


215 


^Siich as the registration of deeds, wills, marriages, 
journals of the legislature, etc. 

^The proceedings, judgments, orders, etc., of the 
courts. 

®The records of a court are “proved” (that is, shown 
to be authentic) by the attestation of the clerk, with the 
seal of the court affixed, and the certificate of the judge. 
The acts of the legislature are authenticated by the 
state seal. 

Section II. —Relations to Inhabitants of Other 
States. 

Clause 1. — Citizens. 

TJie citizens of each state shall he entitled to all prim 
leges and immunities of citizens in the several states. 

That is, no state can give its citizens any privileges 
which it denies to citizens of other states. For instance, 
a citizen of Wisconsin, New York or California, coming 
to Minnesota has all the privileges of a citizen of Min¬ 
nesota. To be sure he cannot vote in Minnesota until 
he has resided here for a time. This is simply a police 
regulation, to prevent fraud in voting. But he is en¬ 
titled to the protection of the laws of Minnesota, may 
hold property here, and may engage in any business in 
which a citizen of Minnesota may engage. 

He cannot, however, carry with him any special 
privileges which he may have enjoyed in the state from 
which he came. Thus, if one state permits a person to 
vote upon declaring his intention to become a citizen 
while another requires that a voter shall be a full citizen, 
a person coming from the first state cannot claim the 
right to vote in the second until he becomes a full 
citizen. 


216 


THE NATION, 


Study in this connection the first clause of the four¬ 
teenth amendment. 

Clause 2.—Fugitives from Justice. 

A person charged in any state with treason^ f^l(yay or 
other crime who shall flee from ^Aistice,^ and he found in 
another state., shall., on demand of the executive authority 
of the state from which he fled^ he delivered up., to he re¬ 
moved to the state having jurisdiction of the crime. 

The necessity for this provision will readily be under¬ 
stood, when it is remembered that each state has juris¬ 
diction only within its own limits. But for this pro¬ 
vision, criminals would be comparatively free from 
restraint, because they could in most cases get into 
another state. And this would of course tend to in¬ 
crease the number of criminals. (See pp. 337, 349.) 

As civilization advances, countries independent of each 
other politically agree, for their mutual protection, to 
surrender to each other fugitives from justice. Treaties 
made for this purpose are called extradition treaties. 

Clause S.—Fugitives from Service. 

No person held to service or labor in one state., binder the 
laws thereof escaping into another., shall., in consequence 
of any law or ^regulation therein^ he discharged from such 
service or labor^ hut shall he dFvivered up on claim of the 
party to whom such service or labor may he due. 

This clause was inserted as a concession to the slave¬ 
holding states, and had special reference to slaves, 
though it also applied to apprentices and any other 
persons who for any reason might be “bound to ser¬ 
vice. ” But as slavery no longer exists, and apprentice¬ 
ship and other binding to service are almost things of 
the past, this provision is practically obsolete. 


NEW STATES AND TERRITOBIES. 


217 


Section III. —New States and Territokies. 

Clause 1.—Hie Admission of New States. 

New states may he admitted hy the congress into this 
Unionf hut no new state shall he foi'med or erected 
within the jurisdiction of any other state;- nor shall any 
state he formed hy the junction of two or more states or 
'parts of states^ without the consent of the legislatures of 
the states concerned as well as of the congress.^ 

^These few words mark an era in political history. 
Heretofore nations had acquired new territoiy merely 
to enlarge the extent of tYiQivprovinces or subject states, 
never with a view of uniting the acquired territory with 
the original system, allowing it equal political privileges. 
But when we look at the matter carefully, we shall see 
that our government could not consistently do other¬ 
wise than it did. The proposition involved in the revo¬ 
lution was that new territory should either be permitted 
to enjoy equal privileges with the parent state, or it 
should become independent. 

But it was not simply to carry out a political theory 
that this provision was made; it was to solve a practical 
difficulty. At the close of the Revolutionary War, the 
United States extended west to the Mississippi river. 
The territory west of the Alleghany mountains con¬ 
tained almost no inhabitants, and was of course unor¬ 
ganized. This territory became the object of con¬ 
tention. Some of the states claimed jurisdiction over 
it, while others maintained that it was not within the 
limits of any states, and that, as it had been secured by 
a war waged by the general government, this territory 
should be considered common property, to be managed 
by the general government. The states having claims 


218 


THE NATION. 


upon the territory expressed a wlllingiiess to relinquish 
them upon the condition that the territory should be 
formed into states as soon as the population ^vould 
warrant. Accordingly, before the constitution was 
framed all these states except North Carolina and 
Georgia had relinquished their claims, and all but a 
small portion of the territory was under the jurisdiction 
of the general government. And July 13, 1787, that 
portion of the country west of Pennsylvania and north 
of the Ohio, had been organized into the Northwest 
Territory. This act of congress is generally known as 
The Ordinance of 1787. It was for a long time the 
model upon which other territories were organized. 

^This shows the fear entertained lest the general gov¬ 
ernment should try to control a state by threatening its 
existence. 

^Vermont was claimed by both New York and New 
Hampshire. Both consented to her admission. 

Kentucky was a part of Yirginia, and became a state 
with her consent. 

Maine became a state with the consent of Massachu¬ 
setts, of which it had been a part. 

West Virginia was admitted during the war, the con¬ 
sent of Yirginia being obtained afterwards. 

Clause —Tlie Territories. 

The congress shall have poicer to dispose of and make 
all needful rules and regulations respecting the territory 
or other property belonging to the United Statesf and 
nothing in this constihition shcdl he so construed as to 
prejudice any claims of the United States^ or of any 
particular state. 

^The power to acquire territory is not expressly 
granted in the constitution, but it is implied as an act 


OVAliANTlES TO THE STATES. 


219 


of sovereignty. Territory was acquired by the general 
government before the constitution by cession from 
states, and since the adoption of the constitution it has 
been acquired by purchase, by discovery, by conquest, 
and by annexation. 

The powder to dispose of territory is also an attribute 
of sovereignty, and would have belonged to the general 
government without this provision. But this provision 
places the power in the hands of congress; otherwise land 
could be sold by the treaty-making power. Under this 
provision congress receded to Virginia that portion of 
the District of Columbia south of the Potomac. 

The power to govern any territory which it possesses 
IS also an attribute of sovereignty. This clause gives 
the power to congress; but any law for the regulation of 
territories needs the president’s signature, the same as 
any other law. 

^It will be remembered- that North Carolina and 
Georgia had not at the time of the adoption of the consti¬ 
tution relinquished their claims to certain territory lying 
outside of their state limits. This provision was made 
as a concession to them. But they afterwards. North 
Carolina in 1790 and Georgia in 1802, ceded the dis¬ 
puted territory to the United States. 

Section IY.—Guaranties to the States. 

The United States shall guarantee to every state in this 
Union a republican form of government <^nd shall pro¬ 
tect each of them against invasion^^ and on application of 
the legislature.^ or of the executive {when the legislature 
cannot he convened).^ against domestic violence.^ 

^That is, the United States will protect each state 
against one man or a few men who may try to usurp 


220 


THE NATION, 


the functions of the state government. By inference, 
the United States could insist upon a republican form 
of government even if the people of the state desired 
some other. Happily, no necessity for the exercise of 
this power has yet arisen. 

^This would have been the duty of the general gov¬ 
ernment, even if this provision had not been made. To 
defend the country against invasion is one of the prin¬ 
cipal duties of government. The government was or¬ 
ganized “to provide for the common defense.” 

^To “insure domestic tranquillity” was another reason 
given for the cstaldishmcnt of the constitution. But 
lest the general government should make every little 
disturbance a pretext for interfering with the local 
affairs of a state, it was provided that no interference 
should occur until asked for by state authority. 

Pertinent Questions. 

If a judgment is secured against a resident of New York and 
lie moves to Minnesota without paying it, could he be held 
responsible in Minnesota without another suit? Is a marriage 
ceremony performed in Illinois binding in Kansas? 

Define citizen. Can a person be a citizen of the United 
States without being a citizen of any state? Could he be a 
citizen of a state and not be a citizen of the United States? A 
certain southern state imposed a tax upon commercial travelers 
not residents of that state; was tlie act constitutional? What 
is tlie Civil Rights bill, and why was it passed? Can a citizen 
of any state claim in another state any privileges peculiar to 
the state from which he removed? 

How is a “fugitive from justice” secured when he has 
escaped into another state ? Is a governor obliged to surrender 
an escaped criminal upon demand of the authorities of the 
state from which he escaped? How is a criminal secured if he 
escapes into another country ? Name countries with which we 
have extradition treaties. Ilave we any with Canada? 

What were the provisions of the fugitive slave law? 

Did the articles of confederation provide for the admission 
of new states into the union? Name the first state admitted 
into the Union. Tlie last. What territories are now seeking 
admission into the sisterhood of states? How does a territory 
become a state? What advantages are gained by becoming a 


AMENDMENTS TO THE CONSTITUTION. 221 


state? Is congress bound, to admit new states? Can congress 
compel a territory to become a state? Can it compel a state to 
remain a state? Is there such a thing in our system as a state 
out of the Union? 

What does a citizen of the United States lose by moving into 
a territory ? 

Does the constitution define a republican government? Is 
any particular department charged with the duty of guaran> 
teeing to each state a republican form of government? 

When did the United States protect a state against invasion? 
Against domestic violence? Have any states been admitted 
into the Union more than once? 


CHAPTER XXVI. 

ARTICLE V.—Amendments to the Constitution. 

Hie congress.^ whenever two-thirds of hoth houses shall 
deem it necessai'y., shall propose amendments to this con¬ 
stitution., or., on the application of the legislatures of 
two-thirds of the several states., shall call a convention for 
proposing amendments^ which., in either case., shall he 
valid to all intents and purposes^ as a part of this con¬ 
stitution., when ratified hy the legislatures of three-fourths 
of the several states., or hy conventions in three-fourths 
thereof as the one or the other mode of ratification may 
he proposed hy the congressprovided., that no amend¬ 
ment., which may he made prior to the year one thausand 
eight hundred and eight., shall, in any manner, affect the 
first and fourth clauses in the ninth section of the first 
articlef and that no state, without its consent, shall he 
dejrrived of its equal suffrage in the senate.^ 

^No one realized more fully than the framers of the 
constitution that, with the best thought w^hich they 
could give to it, the constitution might need amending, 



222 


THE NATION. 


and therefore they provided ways for proposing and 
ratifying amendments. 

It is purposely made difficult to amend the constitu¬ 
tion because the fundamental law should not be changed 
except for weighty reasons. If these exist, the amend¬ 
ments may be made; the difficulty is not so great as to 
be insurmountable. 

“By reading the clauses referred to, the student will 
readily see whom this was a concession to. 

^This was to protect the small states, in whose interest 
the senate was organized. 

The first ten amendments were proposed by congress 
at its first session in 1789, and they were ratified in 
1791. 

Two other amendments were proposed at the same 
time, but they were not ratified. One of them was to 
regulate the number of representatives; the other, to 
prevent congressmen from increasing their own salaries. 

The eleventh amendment was proposed in 1796, and 
ratified in 1798. 

The twelfth amendment, a consequence of the disputed 
election of 1801, was proposed in 1803, and ratified in 
1801. 

An amendment prohibiting citizens of the United 
States from accepting any titles, pensions, presents, or 
other emoluments from any foreign power, on pain of 
loss of citizenship, was proposed in 1811, but it was not 
ratified. 

An amendment making slavery perpetual was pro¬ 
posed in 1861, in the hope that this might avert the 
war, but it was not ratified. 

The thirteenth and fourteenth amendments were pro¬ 
posed in 1865 and 1868 respectively, and they were 
ratified the same years. 


PRIOR DEBTS AND ENGAGEMENTS. 223 

The fifteenth amendment was proposed in 1869, and 
ratified in 1870. 

The propositions of amendments have thus far been 
made by conf^ress, and all ratifications have been made 
by the state legislatures. 

Pertinent Questions. 

State four ways in which tlie constitution may be amended. 
What tem^^rary limitation was placed upon the power to amend 
the constitutionV What po-niancai prohibition? How is the 
English constitution amended? In what case must congress 
call a convention lo propose amendments? Must the conven¬ 
tion thus called propose any amendments? Which is the 
better of the two w ays of proposing amendments? When an 
amendment is proposed by two thirds of both houses of con¬ 
gress, is it necessary to secure the approval of the president? 
Can a state withdraw its ratification of an amendment? When 
is an amendment, once proposed, dead? Did it take three- 
fourths of all the states or only three-fourths of the loyal states 
to ratify the thirteenth amendment? Ilow many of the dis¬ 
loyal states finally ratified it? How is the ratification and 
consequent validity of any proposed amendment made known? 


CHAPTER XXVII. 

ARTICLE VI.— Miscellaneous. 

Clause 1. —Prior Debts and Engagements. 

All debts contracted and engagements entered into 
befoy'e the adoption of this constitution^ shall be as valid 
against the United States under this constitution as under 
the confederation. 

The debts were incurred and the engagements were 
entered into by the United States, and changing the 
form of government would not release the country from 
its obligations. The insertion of this provision how- 




224 


THE NATION. 


ever, served as an explicit statement of the purpose of 
the government to live up to its engagements. 

Clause —National Su]p'remacy. 

This constitution., and the laws of the United States 
which shall he made inymrsuance thei^eof and all treaties 
made., or which shall he onade^ under the authority of the 
United States., shall he the supreme law of the land; and 
the judges in every state shall he hound thereby., anything 
in the constitution or laws of any state to the contiury 
notwithstanding. 

This provision settles definitely, and in what would 
seem to be unmistakable terms, the question of suprem¬ 
acy, about which so much discussion has been carried' 
on. Within its sphere, within the limitations placed 
upon it by the constitution itself, the national gov¬ 
ernment has the supremacy over any and all state 
governments. 


Clause S .— Oath of Office. 

The senators and representatives before mentioned., and 
the memhers of the severed state legislatures^ and all ex- 
ecutive and judicial officers., both of the United States and 
of the several states., shall he hound hy oath or affirmation^ 
to support this constitutions hut no religious test shall 
ever he required as a qualification to any office or public 
trust under the United States.^ 

^The first law passed by congress under the constitu¬ 
tion was an act prescribing the form of the oath re¬ 
quired by the provision above. It is as follows: ‘T, 
A. B., do solemnly swear, or affirm (as the case may 
be), that I will support the constitution of the United 
States.” 


BATIFICATION OF THIS CONSTITUTION. 225 

^In all other countries at the time of the adoption of 
this constitution eligibility to public office was limited 
to members of the established church of the country. 
This constitution set the example of abolishing religious 
tests for public office, and the wisdom of this is so 
apparent that it has been followed entirely or in part by 
many of the civilized nations. 


CHAPTER XXVIII. 

ARTICLE VII.— Ratification of this Constitution. 

The ratification of the conventions of nine states shall 
he sujficient for the establishment of this constitution 
hetvjeen the states so ratifying the same. 

Nine states made tw^o-thirds of the entire number. 
Eleven states ratified the constitution within nine 
months of the time of its submission to them. As soon 
as nine states had ratified, congress made arrangements 
for putting the new form of government into operation. 

The mode of ratification herein specified ignored the 
existence of the articles of confederation, and in speci¬ 
fying this mode the convention disregarded the instruc¬ 
tions of the congress which called it. The congress had 
expressly provided that the work of the convention should 
be submitted to the congress and the state legislatures 
for approval. But this provision places the power to 
ratify in the hands of conventions elected by the people 
in the several states, which arrangement is in harmony 
with the opening words of the preamble. 



226 


THE NATION, 


Pertinent Questions. 

What is the recognized law of nations in regard to the pay¬ 
ment of the debts of a nation when it changes its form of gov¬ 
ernment? If England should become a republic would this 
rule apply? Does it apply when a territory becomes a state? 
Were the debts of the confederation paid? IIow? What was 
the amount of the debt of tlie United States at the time of the 
adoption of the constitution? What is the value of the notes 
and bonds of the “Confederate States of America”? Why? 

Which is sovereign, the nation or the individual states? 
Where else are tliere any ])rovisions which teach the same 
thing? Why should jad(/es be specially mentioned in VI. 2? 
What department of the government makes treaties? Are 
they binding upon the other departments? Upon the several 
states? Can a state nullify an act of congress? Has any state 
ever tried to do so? 

Why are sicde officers bound to support the constitution of 
the United States? Is the reciuirement to take the “oath of 
office” a religious test? Why is the choice of oath or affirma¬ 
tion given? What was the iron-clad oath? 

Would the ratitication of the constitution by nine states have 
made it binding upon the other four? The articles of con¬ 
federation required the consent of all the states to any amend¬ 
ment to them; by what right -was this constitution adopted 
against the wishes of Rhode Island and North Carolina? If 
those two states had peisisted in their refusal to ratify the 
constitution, what wmuld have been their relations to the 
United States? Justify your answer. 


CHAPTER XXIX. 

The Amendments. 

AVe have now considered the constitution about as it 
was presented to the states for ratification. Judging 
by our own affection for the noble instrument we would 
expect to learn that it was ratified promptly and unani¬ 
mously. But, as a matter of fact, much hard work was 
required on the ])art of its friends to secure its ratifi¬ 
cation Its every provision had to be explained and 



THE A3IENDMENTS. 


227 


justified. Probably the most able exposition was made 
by Hamilton, Madison and Jay, in a series of papers 
entitled, ‘ ‘The Federalist. ” 

One of the greatest objections urged against the con¬ 
stitution was that it did not guarantee sufficiently the 
rights of individuals. It will be remembered in this 
connection that the principal grievance against Eng¬ 
land, as expressed in the Declaration of Independence, 
■was that personal rights had not been respected; and 
that, in consequence, the first form of government organ¬ 
ized after independence. The Articles of Confederation, 
gave the general government no power to reach 
individuals. Experience showed this to have been 
a mistake, and the constitution authorizes the general 
government to execute its laws directly, enabling it to 
hold individuals responsible. On account of this 
re-enlargement of power, many people honestly feared 
that the new government might trespass upon personal 
rights as England had done. And several states 
at the time of ratifying suggested the propriety 
of so amending the constitution as to remove these 
fears. 

In accordance with these recommendations, amend¬ 
ments were proposed at the first session of congress. 
The house of representatives proposed seventeen, to 
twelve of which the senate agreed. Only ten, however, 
were ratified by the legislatures of three-fourths of the 
states. They are, of course, the first ten among those 
that follow. It was decided by the same congress that 
the amendments should not be incorporated into the 
main body of the constitution, but should be appended 
to it as distinct articles. They have, however, the same 
force as the original constitution. 


228 


THE NATION. 


ARTICLE I. 

Freedo3i of Religion, of Speech, and of Assembly. 

Congress shall make no laio 7'especting an estahlishment 
of 7 'eUgion^ or proJuhiting the free exercise thereoff or 
abridging the f reedom of speech or of the press f or the 
idgld of the people peaceably to assemble and to p>otition 
the government for a redress or grievances.'^ 

^The chief purpose for which many of the early 
settlers came to America was that they might “worship 
God according to the dictates of their own conscience.” 
Hence their descendants put,;^?\s^ among the individual 
rights to be protected, this freedom of religion. But 
this provision does not authorize any one to commit 
crime in the name of religion. 

^The only limitation upon speech in this country is 
that the rights of others be respected. Any one may 
think as he pleases upon any subject, and may freely 
express his opinion, provided that in doing so he does 
not trespass upon the rights of others. 

®It would seem that under a republican form of gov¬ 
ernment this right might be assumed to be secure. The 
provision is meant to “make assurance doubly sure.” 
History had shown the necessity of such precaution. 

ARTICLE H. 

Right to Bear Arms. 

A well-regulated militia beioig necessaip to the security 
of a free state., the 7'ight of the p)(iople to keep and bear 
arms shall not be infringed. 

It should not be the policy of a republic to keep a 
large standing army. An army is expensive, it takes 
so many men from productive industries, and it is dan- 


THE AMENDMENTS. 229 

gerous to liberty—it may from its training become the 
instrument of tyranny. 

But a republic must have defenders against foes for¬ 
eign or domestic. A well-trained militia may be depended 
upon to fight with valor against a foreign foe, and 
may at the same time serve as a check upon usurpation. 

For definition of militia., see page 162. 

ARTICLE III. 

Quaktering Soldiers. 

No soldier shall., in time of jpeace., he quartered in any 
house without the consent of the owner., nor in time of 
war, hut in a manner to he described hy law. 

To “quarter” soldiers in any house is to allot them to 
it for food and shelter. 

This, it will be remembered, was one of the griev¬ 
ances of the colonies. This quartering of soldiers had 
been, and indeed is in some countries to this day, a mode 
of watching and worrying persons for whom oflicers of 
the government entertained suspicion or ill will. 

ARTICLE IV. 

Security Against Unwarranted Searches. 

The right of the people to he secure in their persons, 
houses, papers, and effects, against unreasonable searches, 
and seizures, shall not he violated, and no warrants shall 
issue, hut upon probable cause, supported hy oath or affir¬ 
mation, and particularly describing the place to he 
searched, and the persons or things to he seized. 

This, as well as the preceding provision, recognizes 
the maxim, “A man’s house is his castle.” It prevents 
the issuance of general warrants. 


230 


THE NATION. 


ARTICLE V. 

Security to Life, Liberty and Property. 

Wo person shall he held to answer for a capital or other¬ 
wise infamous crime unless on a presentment or indict¬ 
ment of a grand jury except in cases arising in the land 
or naval forces.^ or in the militia when in actual service 
in time of war^ or public danger f nor shall any person 
he subject for the same offense to he twice put in jeopardy 
of life or limhf nor shall he compelled in any criminal 
case to he a witness against himselfnor he deprived of 
life., liberty^ or property., without due process of lawf 
nor shall private property he talcen for public use without 
just compensation.^ 

^For information in regard to the method of conduct¬ 
ing criminal trials, see Division 1. 

^The necessity here for prompt and exact obedience 
to orders is so urgent, that summary methods of trial 
must be permitted. 

For information regarding trial by court martial, see 
appendix, page 338. 

^That is, when a jury has rendered its verdict and 
judgment has been pronounced, the accused cannot be 
compelled to submit to another trial on the same 
charge. But if the jury disagrees and fails to bring in 
a verdict, he may be tried again. 

‘‘Accused persons used to be tortured for the purpose 
of extorting from them a confession of guilt. 

®In a despotism, the lives, liberty and property of 
the people are at the command of the ruler, subject to 
his Avhim. 

®For an illustration of the method of securing yirivate 
property for public use, sec page 18. 


THE AMENDMENTS, 


231 


ARTICLE VI. 

Rights of Accused Peksons. 

In all criminal prosecutions the accused shall enjoy the 
right to a speedy^ and puhlid trial hy an impartial jury^ 
of the state and district wherein the crime shall hare heen 
committed,, which district shall have heen previously ascer¬ 
tained hy lawi^ and to he informed of the nature and 
cause of the accusationf to he confronted with the 
witnesses against himf to have compulsory process for 
obtaining witnesses in his favorf and to have the assist¬ 
ance of counsel for his defense,^ 

The importance of this provision is likely to be 
underestimated. Says Montesquieu, ‘ ‘Liberty consists 
in security. This security is never more attacked than in 
public and private accusations. It is, therefore, upon 
the excellence of the criminal laws that chiefly the 
liberty of the citizen depends.” And Lieber, in his 
very able work on Civil Liberty and Self-Government, 
says, ‘ ‘A sound penal trial is invariably one of the last 
fruits of political civilization, partly because it is one of 
the most difllcult of subjects to elaborate, and because 
it requires long experience to find the proper mean 
between a due protection of the indicted person and an 
equally due protection of society. * * * It is one 

of the most difficult things in all spheres of action to 
induce irritated power to limit itself. ” 

Besides the guarantees of the constitution, Lieber 
mentions the following as characteristic of a sound 
penal trial: the person to be tried must be present 
(and, of course, living); every man must be held inno¬ 
cent until proved otherwise; the indictment must be 
definite, and the prisoner must be allowed reasonable 


232 


THE NATIOH. 


time to prepare his defense; the trial must be oral; 
there must be well-considered law of evidence, which 
must exclude hearsay evidence; the judge must refrain 
from cross-examining witnesses; the verdict must be 
upon the evidence alone, and it must be guilty or not 
guilty;^ the punishment must be in proportion to the 
offense, and in accordance with common sense and 
justice; and there must be no injudicious pardoning 
power, which is a direct interference with the true 
government of law. 

Most, if not all but the last, of the points mentioned 
by Dr. Lieber are covered by that rich inheritance 
which we have from England, that unwritten constitu¬ 
tion, the common law. The question of how best to 
regulate the pardoning power is still unsettled. 

^He may have his trial at the next term of court, 
which is never very remote. But the accused may, at 
his own request, have his trial postponed. 

^Publicity is secured by the keeping of official records 
to which all may have access, by having an oral trial, 
by the admission of spectators to the court room, and 
by publication of the proceedings in the newspapers. 

^For the mode of securing the ‘‘impartial jury,” see 
page 63. 

^It is provided in the body of the constitution (III., 
2, 3,) that criminal trial shall be by jury, and in the 
state where the crime was committed. This amend¬ 
ment makes the further limitation that the trial shall be 
in the district where the crime was committed, so a 
person accused of crime cannot be put to the trouble 
and expense of transporting witnesses a great distance. 

^The nature of the accusation is specified in the war- 

*In some countries the verdict may leave a stigma upon an accused 
person, against whom guilt cannot be proven. Of this nature was the old 
verdict, “no^ prown.” 


THE AMENDMENTS. 233 

rant and in the indictment, both of which, or certified 
copies of them, the accused has a right to see. 

®Not only do the witnesses give their evidence in the 
presence of the accused, but he has also the right to 
cross-examine them. 

^But for this “compulsory process” (called a subpoena)., 
persons entirely guiltless might be unable to produce 
evidence in their own behalf. The natural desire of 
people to ‘ ‘keep out of trouble” would keep some know¬ 
ing the circumstances of the case from giving their testi¬ 
mony, and others would be afraid to speak up for one 
under a cloud and with all the power of the government 
arrayed against him. 

®The accused may plead his own cause, or he may 
engage a laAvyer to do it for him. If he is too poor to 
employ counsel, the judge appoints a lawyer to defend 
him, whose services are paid for out of the public 
treasury. 

From the foregoing, it will be seen that great care is 
exercised to give a person accused of crime full oppor¬ 
tunity to defend himself. And it must be remembered 
in this connection that it is a principle of our jurispru¬ 
dence that the burden of proof lies upon the government. 
That is, the accused is to be deemed innocent until he 
is proved guilty. We prefer that a number of guilty 
persons should escape punishment rather than that one 
innocent person should suffer. 

AETICLE VII. 

Jury Trial in Common Law Suits. 

In suits at common law^^ where the amount in contro¬ 
versy shall exceed twenty dollars., the right of trial by jury 
shall be preservedj and no fact tried by a jury shall be 


234 


THE NATION. 


otherwise re-examined in any court of the United States^ 
than according to the rules of common law.^ 

^The meaning of this expression is difficult of ex¬ 
planation, but it covers most ordinary lawsuits. From 
the fact that a jury in criminal cases has already been 
guaranteed (HI., 2, 3, and Am. VI.), it may be assumed 
that this provision is intended to cover civil suits. 

^Among the “rules of common law” are these: 1. All 
suits are tried before a judge and a jury, the jury de¬ 
termining the facts in the case and the judge applying 
the law. 2. The facts tried by a jury can be re-exam¬ 
ined only by means of a new trial before the same 
court or one of the same jurisdiction. 

The purpose of this provision is to preserve the jury 
trial as a real defense against governmental oppression. 
In the Supreme Court there is no jury; the trials are by 
the court. If questions of fact could be reviewed or 
re-examined by such a court on appeal the protection 
now given by the jury would be nullified. 

ARTICLE VIII. 

Excessive Bails, Fines and Punishments Forbidden. 

Excessive hail shall not he required^ nor excessive fines 
imposed^ nor cruel and unusual punishments infiicted. 

Having enjoyed the protection of this and similar 
provisions for so many years, we can hardly appreciate 
their value. It must be borne in mind that those who 
“ordained and established” the constitution had been 
abused in just these ways, and that in this provision 
they provided against a real danger. 


THE AMENDMENTS. 


235 


AETICLE IX. 

Unspecified Peesonal Eights Presekved. 

The enumeration in the constitution of certain rights 
shall not he construed to deny or disparage others retained 
hy the people. 

Certain rights which governments are prone to 
trample on have been mentioned in the preceding 
provisions. But not all of the personal rights could be 
enumerated. Hence this provision covering those 
unnamed. 


AETICLE X. 

The United States Government one of Limited 
Powers. 

The powers not delegated to the United States hy the 
constitution.^ nor prohibited hy it to the states.^ are reserved 
to the states respectively^ or to the people. 

This provision gives a rule for interpreting the con¬ 
stitution. “It is important as a security against two 
opposite tendencies of opinion, each of which is equally 
subversive of the true import of the constitution. The 
one is to imply all powers, which may be useful to the 
national government, which are not expresslyprohihited; 
and the other is, to deny all powers to the national 
government which are not expressly granted."^^^ The 
United States is “a government of limited poAvers,” and 
has only such implied powers as are necessary to carry 
out the express powers. On the other hand, a state has 
all powers not denied to it by the state or federal 
constitutions. 


* story. 


21 


236 


THE HATION. 


Pertinent Questions. 

AVliat is the general purpose of the first ten amendments? 
Do they restrict the general government or the state govern¬ 
ments, or both? When and how were these amendments pro¬ 
posed? When and how ratified? AVhat three limitations to 
the power of amendment does the constitution contain? 

Is there any “established” or state church in the United 
States? How do you suppose that this came about? Are we 
as a people indifferent to religion? Can a person say what he 
pleases? Can he publish whatever opinions he pleases? A\^hat 
is slanderf Libel? Why should these last two questions be 
asked liere? Petition whom? Wliat’sthe good of petitioning? 
Wliat petitions did you learn about at the beginning of this 
study? Can soldiers in the regular army petition? Why? 
Has the “right of petition” ever been denied in this country? 

Wherein is a standing army dangerous to liberty? Is this 
true of the navy? How is a “well-regulated militia” a check 
upon usurpation of authority ? Does Amendment II. authorize 
you to keep a revolver? To carry it in your pocket? How 
often is the army mentioned in the Declaration of Indepen¬ 
dence, and what is said? 

What are the objections to “quartering” soldiers in a private 
house? Does the amendment protect tenants? Why the ex¬ 
ception in the amendment? What mention of quartering 
soldiers in the Declaration of Indepencence? 

Get and read a warrant of arrest. A search warrant. Has 
a warrant always been needed as authority for arrest? Are 
arbitrary arrests, searches and seizures permitted in any civil¬ 
ized countries today? 

What is a capital crime? An infamous crime? A present¬ 
ment? An indictment? A grand jury? How do the proceed¬ 
ings of a grand jury compare with those of a petit jury? Why 
the differences? Why the exception in the first clause of the 
amendment? Can a convicted and sentenced person ask for a 
new trial? Under what other circumstances can persons be 
tried again? In what connections have you heard of private 
property being taken for public use. 

Taking each guarantee in the sixth amendment, show the 
wrongs which an accused person, presumably innocent, would 
suffer if the provision were not recognized or that guarantee 
removed. 

Hind out all you can about common Imo. What is meant by 
a civil suit as distinguished from a criminal suit? What is 
meant by a case in equitij? AVhen an appeal is taken what is 
subject to re-examination? What is not? AVhy? 

AVhat conditions determine the just amount of bail? Of 
fines? What cruel punishments have you heard or read of as 
being administered by public authority? When and where 
were such i)unishments not “unusual”? AVas the eighth 
amendment necessary? 


THE AMERCEMENTS. 


237 


AVhat limit is there to things which “The People” may do? 
To the powers of the United iStates government? To those of 
a State government? 

Find the history behind each provision in the ten amend¬ 
ments. From what country did we obtain the notions that 
the rights here preserved belong to freemen? From under 
what other country could the Colonies have come ready to be 
the United States as we love it, or from w^hat other country 
could we have inherited such notions? 

Since these ten amendments are intended for the protection 
of individuals against governmental oppression, it will be an 
excellent scheme now for the student to arrange in the form 
of a tabulation the various directions in which such protection 
is guaranteed by the constitution as amended. The following 
is simply suggestive: 

I. From Legislative Oppression.—1. Thought; 2. Expres¬ 
sion; 3. Bills of Attainder; 4. FJx posi/acfo laws; 5. Social 
distinctions; 6. Assembly; 7. Petition. 

II. From Executive Oppression.—1. Military; 2. Searches 
and seizures; 3. Life, Liberty, or Property; 4. Suspension of 
Habeas Corpus. 

III. From Judicial Oppression.—1. Before trial: arrest, 
bail, information as to accusation, time of trial; 2. During 
trial: publicity, jury, evidence, counsel, punishment; 3. After 
trial; retrial; 4. Treason. 

IV. From State oppression. 


ARTICLE XI. 

Limiting the Jukisdiction of United States 
Courts. 

Tlie judicial power of the United States shall not he 
construed to extend to any suit in law or equityj com¬ 
menced or prosecuted against one of the United States^ hy 
citizens of another state., or hy citizens or subjects of any 
foreign state.^ 

^Equity is hard to define. According to Aristotle it is 
‘dhe rectification of the law, wdien, by reason of its 
universality, it is deficient. ” Blackstone says, “Equity, 
in its true and genuine meaning, is the soul and spirit 
of all law. * * Equity is synonymous with justice.” 


238 


THE NATION. 


It is the province of law to establish a code of rules 
whereby injustice may be prevented, and it may there¬ 
fore be said that all law is equitable. ‘ ‘In a technical 
sense, the term equity is applied to those cases not 
specifically provided for by positive law.” (See page 
208; also Dole’s Talk’s About Law, page 502.) 

^According to III. 2, a state could be sued for a debt 
the same as an individual, and shortly after the adoption 
of the constitution several of them were sued for debts 
incurred during the Revolutionary War. Pride and 
poverty both prompted the states to desire immunity 
from such suits. Hence the adoption of this amend¬ 
ment. (See page 209.) 

^A non-resident secures the payment of a debt due 
from a state in the same way as a resident—by legis¬ 
lative appropriation. 

ARTICLE XII. 

Mode of Choosing the Pkesident and Vice- 
President. 

The amendment has been discussed in connection 
with Article II. of the constitution, pages 184-6. 

ARTICLE XIII. 

Abolition of Slavery. 

1. Neither slavery nor involuntary servitude.^ except 
as a punishment for crime., whereof the party shall have 
been duly convicted., shall exist within the United States.^ 
or any place subject to their jurisdiction. 

2. Congress shall have power to enforce this article by 
appropriate legislation. 


THE AMENDMENTS. 


239 


This amendment, one of the ‘‘first fruits” of the Civil 
War, put an end to slavery in the United States. The 
wording was taken, almost verbatim, from the Ordi¬ 
nance of 1787. 


ARTICLE XIY. 

Miscellaneous Reconstruction Provisions. 

Section I.— “Citizen” Defined. Privileges 
Guaranteed. 

All persons horn or naturalized in the United States^ 
and subject to the jurisdiction thereof.^ are citizens of the 
United States and of the state wherein they reside.'^ No 
state shall mahe or enforce any law which shall abridge 
the privileges or immunities of citizens of the United 
States; nor shall deprive any person of life^ liberty or 
property., loithout due process of law., nor deny to any 
person within its jurisdiction the equal protection of the 
laws.^ 

^This provision defines citizenship. It was worded 
with the special view of including the negroes. It em¬ 
bodies the principle of the Civil Rights Bill, and is 
intended to guarantee to the negroes the protection 
implied in citizenship. 

^Some of the amendments impose limitations only on 
the general government. Lest the states in which 
slavery had recently been abolished should endeavor to 
oppress the ex-slaves this provision was made as a 
limitation upon the states. 

But this provision is general in it nature, and by 
means of it the United States can protect individuals 



240 


THE HATION, 


against oppression on the part of the states. Pomeroy^ 
regards this as the most important amendment except 
the thirteenth. 

Section II.— Basis of Eepresentation. 

Representatives shall he apportioned among the several 
states according to their respective numbers^ counting the 
whole number of persons in each state., excluding Indians 
not taxed. But when the right to vote at any election for 
the choice of electors for president and vice-president of the 
United States., representatives in congress., the executive 
and judicial officers of a state., or the members of the 
leg islature thereof is denied to any of the male inhabitants 
of such state., being twenty-one years of age., and citizens 
of the United States., or in any way abridged., except for 
participation in rebellion or other crime^ the basis of 
representation therein shall be reduced in the proportion 
which the number of such male citizens shall bear to the 
whole number of male citizens twenty-one years of age in 
such state. 

Each state determines who may vote within its bor¬ 
ders. This provision was intended as an inducement to 
the former slave states to grant franchise to the colored 
men. It does not compel them to do this. But grant¬ 
ing the franchise increases their representation. The 
fifteenth amendment is more imperative in this direction. 

Section III.— Disabilities of Kebels. 

No person shall be a senator or representative in con¬ 
gress., or elector of president or vice-president., or hold any 
office., civil or military^ under the United States., or under 
any state., who., having yyreviously taken an oath., as a 

* Constitutional Law, p. 151. 


THE AMENDMENTS. 


241 


member of congress.^ or as an officer of the United States^ 
or as a member of any state legislature.^ or as an executive 
or judicial officer of any state^ to sujppori the constitution 
of the United States., shall have engaged in insurrection 
or rehellion against the same, or given aid or comfort to 
the enemies thereof.^ But congress may, hy a two-thirds 
vote of each house, remove such disability.- 

' ^Tlie primary purpose of this provision was to exclude 
from public office those who in the Civil War, by en¬ 
tering the service of the Confederate States, broke an 
oath previously taken. Though the persons whom it 
was immediately intended to affect will soon all be 
‘‘with the silent majority,” the provision, by being 
made part of the constitution, will remain a warning to 
all in the future. 

^The disabilities have been removed from all but a 
few of those immediately referred to. This clause 
seems to put another limitation upon the power of the 
president to grant pardons. From 1862 to 1867 the 
president had been specially authorized by congress to 
grant amnesty to political offenders. And in 1867 
President Johnson continued to grant such amnesty, 
denying the power of congress to put any limitation 
upon the president’s pardoning power. But this pro¬ 
vision specifically places the power to relieve certain 
disabilities in the hands of congress. The “two-thirds” 
vote is required in order that such disabilities may not 
be easily removed. 

Section IV.— Public Debt. 

The validity of the public debt of the United States, 
authorized by law, including debts incurred for the pay¬ 
ment of pensions, and bounties for setwices in suppressing 


242 


THE NATION, 


insurrection or rehellion^ shall not he questioned. But 
neither the United States nor any state shall assume or 
'pay any debt or obligation incurred in aid of insurrection 
or rebellion against the United States, or any claim for 
the loss or emancipation of any stance, but all such debts, 
obligations and claims shall be held illegal and void. 

Congress shall ham power to enforce, by appropriate 
legislation, the provisions of this article. 

This section needs little comment. It means simply 
that any expense incurred on the part of government in 
suppressing rebellion shall be paid; and that debts in¬ 
curred in aid of rebellion shall not be p>aid. It applies 
not only to-the late Civil War but to all future wars of 
the same kind. 

AETICLE XY. 

Suffrage. 

The right of citizens of the United States to vote shall 
not be denied or abridged by the United States, or by any 
state, on account of race, color, or previous condition of 
servitude. 

Congress shall have power to enforce this article by 
appropriate legislation. 

This amendment Avas intended to put negroes upon 
the same footing as white people in the matter of 
suffrage. 

Each state, as has previously been stated, prescribes 
the qualifications of voters Avithin its borders. It may 
require that they be fifteen or tAventy-fi\"e or twenty-one 
or any other number of years old; it may or may not 
require a property qualification; it may or may not 
require an educational qualification; it may include or 
exclude Avomen as voters; it may draw the line at 


PERTINENT QVESTIONS. 


!243 


imbeciles and felons, but it cannot draw the color line. 
A black citizen must be permitted to vote upon the 
same conditions as a white one. 


Pertinent Questions. 

What is meant by a state “repudiating” a debt? What 
states have done so? AVhat reason did each assign for doing 
so? Can a city repudiate? A county? 

Were amendments XIII., XIV., and XY. constitutionally 
adopted?* 

How was slavery abolished in each of the states?! What 
does the emancipation proclamation say about slavery? Can 
slavery exist in Alaska? Why? 

Are you a citizen of the United States? How may an alien 
become a citizen? Maya person be a citizen of the United 
States without being a citizen of any state? A citizen of a 
state without being a citizen of the United States?t How 
does a citizen of the United States become a citizen of a cer¬ 
tain state? What are some of the “privileges and immu¬ 
nities” of a citizen of tlie United States?^ Can a Chinaman 
become a citizen? An Indian? Does this section give women 
the right to vote? 

What provision of tlie constitution is amended by the second 
clause of the fourteenth amendment? Wliat change is made? 
How often does th "‘counting” take place? Whatls it called? 
When will th n^^t one occur? Has the penalty mentioned in 
the second clause ever been inflicted? 

Name persons affected by the third clause of the fourteenth 
amendment. Name persons from whom tlie disabilities have 
been removed. How were they removed? Name persons 
against whom the disabilities,still lie. May they vote? AVhat 
provision of the original constitution is affected by the last 
sentence of this clause, and how is it modified? 

How much money was expended in suppressing the rebellion? 
How was it raised? How much debt has been paid? How 
much remains unpaid? Did you ever see a United States bond 
or note? How much is a confederate bond for $1000 worth? 
Why? Have any emancipated slaves been paid for by the 
government? 

What is the necessity of the clause commencing, “The con¬ 
gress shall have power? ” 

What is secured to negroes by the thirteenth amendment? 
By the fourteenth? By the fifteenth? Name persons who are 
citizens but cannot vote. Name three eminent colored men. 

What clause could be omitted from the constitution without 
affecting it? 


*See Wright, 284; Andrews, 272; and Pomeroy, 76. 
t See page 343. 
f See Wright, 287. 


Part IV. 


GOVERNMENT IN GENERAL. 


CHAPTER XXX. 

Fokms of Government. 

Classification.—Aristotle divided governments into 
three chief classes, based upon the number of persons 
constituting the governing element, as follows: gov¬ 
ernment by one^ monarchy; by the few^ oligarchy; by 
the many^ democracy. 

Subdivisions of these classes may be made as follows. 

1. By one^ monarchy; hereditary or elective; abso¬ 
lute or limited. 

2. By the few, oligarchy or aristocracy. 

3. By the many, democracy or republic. 

Definitions and examples.—A hereditary monarchy 

is one in which the succession is acquired by birth, the 
usual order being from father to eldest son; examples, 
England, Prussia, etc. 

An elective monarchy is one in which the succession 
is by election; the term for life; example, the old Ger¬ 
man empire, in which the emperor was chosen by cer¬ 
tain princes called “electors.”* 

* Our mode of electing a president may have been suggested in part bv 
this old practice. ^244) 



FOBMS OF GOVEBNMENT, 


245 


An absolute monarchy is one in which the three 
functions of government as related to law—the legis- 
lative, executive and judicial—are all vested in one per¬ 
son; examples, Russia and Turkey in Europe, and most 
of the countries of Asia and Africa. 

A limited monarchy is one in which the sovereign’s 
power is confined chiefly to executing the laws framed 
and interpreted by other departments; examples, 
England, and most of the other countries of Europe. 

An oligarchy is that form of government in which the 
supreme power is vested in the hands of a few {oligos^ 
few); example, the triumvirates of Rome. 

An aristocracy is really a government by the best 
{aristos^ the select, the best). This is the sense in which 
the word was first used. It has come to mean govern¬ 
ment by a privileged class. Aristocracy seldom, if 
ever, exists alone. 

A democracy is that form of government in which 
the functions are administered directly by the people, 
only the clerical or ministerial work being done by 
officers, and they appointed by the people; examples, 
the old German tribes, some of the states of ancient 
Greece, some of the present cantons of Switzerland, 
the early settlements of New England, and in a limited 
sense our own school districts and towns. 

A republic is a representative democracy. A democ¬ 
racy is practicable only within a very limited area. 
When the area grows large the people must delegate 
much of work of government to representatives. Exam¬ 
ples, the United States, each state in the Union, Switz¬ 
erland, and most of the countries of America. 

The Origin of Each Typical Form. -Monarchy and 
oligarchy both probably owe their existence to war. 
The successful chieftain or leader in war became the 


246 


GOVERNMENT IN GENERAL. 


king, and his retainers or followers became the privi¬ 
leged classes. Those who were subdued either became 
slaves or were simply “the common people.” De¬ 
mocracy had its beginnings, and flourishes best, in 
times of peace. The people, though they had to fight 
again and again to secure recognition, have really won 
their right to it by the arts of peace. 

The Criteria of Good Goveriinient.— Among the tests 
by which the goodness or badness of a government, or 
form of government, may be determined, are the fol¬ 
lowing: 

1. A good government is stable. Stability is the 
foundation of worthiness of character in governments 
as well as in persons. The basis of progress is per¬ 
manence—one cannot grow wise, or rich, or strong, 
unless he can preserve at least a part of what he gains. 
“Conduciveness to progress includes the whole ex¬ 
cellence of government.”* 

2. A good government tends to increase the sum of 
good qualities in the governed. Strength comes from 
exercise. Therefore a government is excellent in pro¬ 
portion as it works up to the possibilities of a people 
for self-government and fits them to go on advancing in 
intellectual and moral power. 

3. A good government has j^roper machinery. This 
should be “adapted to take advantage of the amount of 
good qualities which may at any time exist, and make 
them instrumental to right purposes.”* 

“Representative Government the Ideally Best 
Polity.”— Every student who has access to Mills’ Repre¬ 
sentative Government should read the chapter with the 
heading at the beginning of this paragraph. He combats 
the proposition, “if a good despot could be insured, des- 

* Mills Representative Government. 


FORMS OF GOVERNMENT. 247 

potic monarchy would be the best form of , 2 ;overnment.” 
Granting that much good might be done, he shows that 
the very passivity of the people must result in deteri¬ 
oration, “that is, if the nation had ever attained any¬ 
thing to decline from.” On the other hand, he shows 
that participation in public affairs gives a mental and 
moral training otherwise unattainable. After showing 
the nature of the mental development acquired, he 
says: “Still more salutary is the moral part of the 
instruction afforded by the participation of the private 
citizen, if even rarely, in public functions. He is 
called upon, while so engaged, to weigh interests not 
his own; to be guided, in case of conflicting claims by 
another rule than his private partialities; to apply, at 
every turn, principles and maxims which have for their 
reason of existence the general good; and he usually 
finds associated with him in the same work minds more 
familiarized than his own with these ideas and opera¬ 
tions, whose study it will be to supply reasons to his 
understanding, and stimulation to his feeling for the 
general good. He is made to feel himself one of the 
public, and whatever is their interest to be his interest. 
Where this school of public spirit does not exist * * * 
a neighbor, not being an ally or an associate, since he is 
never engaged in any common undertaking for the joint 
benefit, is therefore only a rival.” 

Dangers in Each Form of Government.— While each 
of the typical forms has merits of its own,—the monarchy 
having stability, the aristocracy securing the benefit of 
inherited good qualities, and democracy the advantages 
referred to in the preceding paragraph—there is dan¬ 
ger in each form. Monarchy continually tends toward 
that inconsiderate exercise of power which we call 
tyranny. Aristocracy tends toward oligarchy; govern- 


248 


GOVERN3£ENT IN GENERAL. 


ment by the lest is prone to decline into government by 
WiQfew without regard to qualification. And democracy 
is in danger of degenerating into mob rule. 

Every Government Aims to be Aristocratic.— That is, 
each government in theory seeks to have those rule who 
are best fitted to manage public afi'airs. This is the 
thought, for instance, in our requiring certain qualifi¬ 
cations in voters and office-holders. 

Our Own Government.— We fondly believe that our 
own government combines to a high degree the ex¬ 
cellencies of all the forms. 

Our hope for stability lies chiefly in the fact that our 
corner stone is eternal justice, the equality of all men 
before the law. Even the severe shock of civil war has 
been endured, and our system is more strongly in¬ 
trenched in the confidence of the world than ever before. 

We believe in the potency of good blood and good 
training. But the worth of each individual must be 
shown., it will not be taken for granted. We will 
neither lift him up because he is “his father’s son,” nor 
cast him down because his father was uiiAvorthy. 

Situated as we are, with no powerful rivals near us, 
with the ocean between us and the countries of Europe, 
the common defense requires no great standing army to 
eat up our substance and to menace our liberties. 
Living in the north temperate zone, the belt of highest 
civilization, in a country capable of producing almost 
everything desirable, there is every reason to believe 
that, if we are true to ourselves and our opportunities, 
we may long enjoy prosperity and peace. 

Delate. 

Resolved, That universal suffrage is dangerous to the well 
being of society. 


Part V. 

COMMERCIAL LAW. 


Responsibility. 

Ignorance of the law is no excuse. 

At first sight this would seem unjust, since no one 
but a lawyer can be expected to have much legal knowl¬ 
edge. But as law is simply common sense applied, the 
exercise of ordinary judgment is usually sufficent to 
enable a person to act safely. 

To present a few of the more common principles 
of commercial law, is the purpose of the following 
nages. 


CHAPTER XXXI. 

Contracts. 

Definitions.— A contract is an agreement between tivo 
or more parties, containing on the one hand an offer and 
on the other an ctcceptaoice. 

Contracts are express or implied. An express con¬ 
tract is one whose terms are definitely stated in words; 
an implied contract is one whose terms are understood 
from the circumstances. A written contract is express; 
an oral contract may be express or implied. 

Fundainental Principles.— Every one able to contract 
is free to enter into any agreement not forbidden by 
law. Every such person is bound to fulfill every legal 
contract that he makes. ( 249 ) 



250 


COMMERCIAL LAW. 


Essential to a Contract.— To be binding, however : 

1. A contract must he to do a lawful act. 

Most contracts are permitted by law. But a contract 
the carrying out of which is recognized as subversive of 
justice, morality, or the general welfare, is illegal, and 
therefore void. 

The thing contracted to he done must he possible in 
its nature. 

That a person finds it impossible under the circum¬ 
stances to live up to his contract should not and does not 
release him from responsibility. 

S. The parties to the agreement must he competent to 
contract. 

Persons not able to contract are minors, lunatics, 
idiots and drunk people, and married women (except 
in some states in relation to their separate estates). 
The purpose of this arrangement is to protect those who 
cannot protect themselves. A minor may, however, 
enforce a contract if he chooses to do so. A contract 
with a minor for the necessaries of life, when they are 
not or cannot be furnished by a parent or guardian, is 
valid. And any contract ratified by a minor after 
coming of age is binding upon him. A person unable 
to contract personally cannot contract through an agent. 
But he may act as an agent. 

T The parties to the contract must assent to it. 

The assent must be voluntary. It may be given by 
words, by acts, or by accepting the benefits of the offer. 
If acceptance is by letter, the contract is complete when 
the letter of acceptance is mailed. The parties must 
assent to the same thing. Assent imposing a new con¬ 
dition is no assent. 

5. The promise must he for a consideration. 

The law will not compel a person to give something 


CONTBACTS. 


251 


for nothing. But the amount of the consideration is 
usually unimportant, so long as it is reasonable. Any¬ 
thing is a consideration which is of benefit to the person 
promising or of loss or inconvenience to the other. An 
illegal consideration is, however, not a consideration; 
nor is the performance of a moral duty, nor the doing 
of what would be a legal duty without the promise in 
question. If the consideration fails, the contract fails. 
One has no right to sue on a contract unless he has per¬ 
formed or offered to perform his part. 

6. The contract must he made without fraud. 

Fraud may be practiced in two ways, by making 

statements known to be false or by concealing facts that 
ought to be revealed. But if the parties meet on equal 
terms, with the same sources of information, and if 
nothing is done to conceal faults, there is no fraud in 
law. ‘‘Let the buyer beware,” is an ancient maxim, 
and a buyer must exercise reasonable diligence and 
prudence. Fraud absolves the injured party, but the 
defrauding party may be held to the contract; that is, 
the contract is voidable at the option of the party 
deceived. 

7. Some contracts must he in writing. 

The principal classes of commercial contracts which 
must be in writing to be binding, are: {a) agreements 
for the sale of property of more than a certain value; 
(Z>) agreements of guaranty; (c) agreements not to be 
performed within a year. 

In the famous English “Statute of Frauds,” which is 
the basis of the American local statutes on matters 
referred to in this section, the value of personal property 
requiring written contract was ten pounds or fifty dol¬ 
lars. In the United States the value varies in different 
states from $30 to $200. But if part of the property is 


252 


COMMEBCIAL LAW. 


delivered or part of the purchase money is paid the 
whole contract is lunding, even if not in writing. 

A guaranty is an agreement by which a person war¬ 
rants that a certain third person shall duly perform an 
engagement. Thus if A obtains goods from B upon 
the assurance of C that they will be paid for, C is said 
to guarantee the debt. 

A contract which may be performed within a year 
does not come under the statute, even if such perform¬ 
ance seems improbable at the time of making the con¬ 
tract. 

The style of the writing is immaterial—it may be 
formal or informal, in ink or pencil. It may be made 
by the principal or by his agent. 

Pertinent Questions. 

How are the laws—legislative enactments and decisions of the 
Supreme Court—made public? AVhy are they thus published? 

Tell whether the following agreements are valid contracts or 
not, and why: 

1 . An agreement to print a libel. A lease of a house for 
gambling purposes. A contract executed on Sunday. A con¬ 
tract for work to be done for live consecutive days, beginning 
on Friday. IIow would it affect the case if the w^ork were the 
removing of goods from a building in imminent danger of 
falling? The agreement of a tinsmith never again to work at 
his trade His agreement not to work at it wuthin a specified 
time or in a certain town. 

2 . An agreement to swim across the ocean. To pay for a 
horse at the rate of one kernel for the first nail in the horse’s 
shoes, two for the second, four for the third, eight for the 
fourth, and so on. To deliver goods at a certain time, though 
the delivery at the proper time may be prevented by some 
accident. Is a person released from responsibility by sickness? 

3. An agreement by an orphan to pay for necessaries at 
some future time. If the price charged is exorbitant, is he 
bound to pay it or only a fair market price? A man while 
drunk buys a horse for which he has no use, but after becoming 
sober continues to use the horse. If the price is excessive, how 
much must he pay? When a married women buys goods on 
credit, is she acting as the principal or as her husband’s agent? 

4. An order for goods to be sent to a man’s house, nothing 
being said about payment. An offer retracted before accept- 


AGENCY. 


253 


ance. An offer for a certain horse; an acceptance under the 
impression that a different horse is meant. A service per¬ 
mitted though uninvited; give an example. A man in St. Paul 
offers by letter a certain piece of property at a certain price to 
a man in Chicago; an hour after mailing the letter he changes 
his mind; how can he prevent a contract? 

5. A agrees to give B $25 for a silver dime. But if this par¬ 
ticular dime were of a rare kind and desired by A, a wealthy 
coin collector, to complete a set, would the consideration be 
sufficient? An offer shouted from a fourth story window just 
as the roof is about to fall, in consequence of which offer a 
fireman at unusual personal risk successfully attempts the 
rescue. An offer and acceptance for a horse which is after¬ 
wards discovered to have been dead at time of sale. A prom¬ 
ise made under threat of spreading an infamous report. 
An agreement for the purpose of securing the postponement 
of the payment of a debt. How many ‘‘considerations” are 
there in a valid contract? 

6 . The sale of an unfashionable “ready-made” suit of 
clothes, nothing being said about the style. The sale of a 
plated watch chain, the dealer permitting the purchaser to 
suppose it solid gold. The sale of a blind horse, nothing being 
said about its sight, no effort being made to conceal its blind¬ 
ness, and full opportunity for examination being given to the 
purchaser. The sale of a house and lot at a certain price, 
greater than the purchaser had at first intended to give, upon 
the representation of the seller that he had “been offered” such 
a sum. Tlie purchase of a piece of land which unknown to 
the vendor contains a valuable mine, nothing being said to 
mislead said vendor. 

7. An oral order for goods to the value of $500. IIow does 
the buyer’s receiving part of the goods affect the mater? 
IIow else could the contract be made binding? What position 
does a person assume by endorsing a note? By orally saying 
that a debt of another will be paid? An oral engagement 
made December first to work a year beginning January first. 


CHAPTER XXXII. 

Agency. 

Definitions.— An agent is a person authorized to act 
for another in dealing with third parties. The one for 
whom the agent acts is called the principal. 



254 


COMMEBCIAL LAW, 


Authority of Agent.— An agent’s authority may be 
granted orally or in writing. When written it is called 
a ‘‘power of attorney.” A general agent has all the 
authority implied in his employment. A special agent 
has only such authority as is specifically granted. 

Responsibility of the Principal.— Between the prin¬ 
cipal and his agent responsibility is determined b}^ their 
contract. Expressly or impliedly the principal agrees 
to pay for the service rendered. 

It is in the principal’s relation to third jiarties that 
the most important rule of agency appears. It is this: 
The principal is responsible for the authorized acts of his 
agent. The theory is that the acts are those of the 
principal, the agent being merely an instrument. And 
accordingly, the principal is bound not only by such 
acts of his agent as he has really authorized, but also by 
such as he apparently authorizes. 

Responsibility of Agent.— The agent is responsible to 
his principal for any violation of their contract. Ex¬ 
pressly or impliedly he is bound to obey orders, to 
exercise ordinary skill and care in the performance of 
his duty, and to refrain from putting his interests in 
adverse relation to those of his principal. 

To the third party the agent is not responsible, except 
in the following cases: When he specifically assumes 
responsibility, when he conceals the identity of his 
principal, when he exceeds his authority, or when he 
acts fraudulently. 

Termination of Agency.— An agency terminates at 
the death of either principal or agent. It may also be ter¬ 
minated by revocation of authority, which takes effect 
upon receipt of the notice, or by the bankruptcy or 
lunacy of the principal, judicially declared. 


PARTNERSHIP, 


2^55 


Pertinent Questions. 

In the following cases name the principal, the agent, and the 
third party: A clerk in a store; a man employed to sell goods 
by sample; a cashier in i bai k; c^j' luctor on a train; a com¬ 
mission merchant; a partner act i for a firm, a sheriff. 

May a minor act as principal? As agent? A watch left at a 
jeweler’s store for repairs is injured by the workman; who is 
responsible to the owner? On account of a road overseer’s 
neglect a horse is injured by stepping through a hole in a 
bridge; to whom shall the owner look for damages? If a per¬ 
son is notified that another claims to represent him as agent 
and he neglects to repudiate the claim, is he responsible for 
acts of the claimant as agent? 

May an agent having authority to fix prices s<"ll to himself? 

May a clerk in a store take goods at regular marked prices? 

An agent transacts business after his principal’s death but 
before he has received notice thereof, is the transaction bind¬ 
ing upon the heirs? 


CHAPTER XXXIII. 

Paktneksiiip. 

What it is.— Partnership is the relation existing be¬ 
tween persons who have agreed to combine their 
property or skill for the prosecution of a given enter¬ 
prise, and to share the profits or losses resulting there¬ 
from. 

How Fornied.— Partnership being a matter of agree¬ 
ment is subject to the law of contracts. When the 
agreement is in writing, it is called ‘‘articles of co¬ 
partnership.” The articles usually specify the parties 
and the firm name, the nature and the location of the 
business to be carried on, the investment of each party, 
the basis for apportioning profits and losses, and some¬ 
times the duration of the co-partnership. There nre 



256 


COMMERCIAL LAW, 


generally other provisions, their nature depending upon 
the circumstances. 

Responsibility.— As to each other, the partners have 
the rights and duties which they agree upon. 

As to third parties, the two most important rules of 
law are: first, that the firm is hound hy the acts of each 
member,, in matters pertaining to the firm’s business; 
second, each member is liable for all the debts of the firm, 

Dissolution.— If the duration of the partnership is not 
specified, it may be dissolved by any partner at any 
time. If its duration is specified, it expires, of course, 
by limitation or by mutual consent. In either case, the 
death of a partner dissolves the firm. If a partner 
becomes insane or acts fraudulently, the partnership 
may be dissolved by a decree of the court. The sale of 
an interest (which must have the consent of each partner) 
dissolves the partnership and forms a new one. 

Notice of Dissolution.— That the retiring partners 
may be freed from responsibility for new debts, if the 
dissolution be by sale of interest (and this is a very 
common way), notice of the dissolution must be given 
to the world, and special notice of the fact must be 
given to those from whom the firm has been in the habit 
of buying. 

Limited Partnership.— In most states, what is called 
a limited partnership may be formed, whereby the 
responsibility of some of the partners may be limited to 
their investment in the business. By this arrangement 
the private property of the special partners (as they are 
called) cannot be taken for debts of the firm. 

In such a case, how^ever, it is but just, and the law 
therefore demands, that notice of the fact of limited 
responsibility be given and that no appearance of 


COBPOBATIONS. 


257 


responsibility be assumed. To this end it is required: 
{a) that the articles of copartnership be in writing, and 
that they be published and recorded; (5) that the 
amount contributed by the special partners be actually 
paid in; {c) that the names of the special partners do 
not appear in the firm name; (d) that they take no 
active part in the management of the business. 


Pertinent Questions. 

Why are partnerships formed ? May one person invest money 
while another invests skill? Is a person who receives a per¬ 
centage of his sales by way of salary a partner? 

Why cannot a partner sell his interest without consulting 
the other members of the firm? Why may the fraudulent act 
of a partner dissolve the firm? Why does the death of a mem¬ 
ber end the firm—that is, why not let his heir succeed to his 
right in the firm as he succeeds to his real estate? 

May the private property of a partner be taken to satisfy the 
debts of the firm? May the firm’s property be taken to satisfy 
the debt of one of its members? Can men dissolve their debts 
by dissolving their partnership? If one partner continues the 
business agreeing to pay all indebtedness of the firm, is the 
retiring partner released from obligation in relation to the 
debts ? Show the justice of each requirement in case of special 
partners. 


CHAPTER XXXIV. 

Corporations. 

Purpose.—Partnership enables a number of persons, 
as we have seen, to accomplish by combining their 
property and skill what would be unattainable by them 
acting individually. 

But the individual responsibility involved in partner¬ 
ship, and the difficulty of transferring interest, render 



258 


COMMEBCIAL LAW. 


necessary some other mode of combining capital for 
carrying on enterprises requiring vast resources, and, 
from their nature, demanding long time and freedom 
from interruption for their accomplishment. For in¬ 
stance, no one would dare to assume personal responsi¬ 
bility for the debts of a railroad, nor could such an 
enterprise be managed if every transfer of interest 
dissolved the company. The desired limitation of 
responsibility and facility of transfer of interest are 
secured by the formation of corpoi^ations. 

Nature.— But responsibility there must be, or the 
combination could transact no business. And responsi¬ 
bility depends upon personality—a thing cannot be 
held responsible. As this personality does not exist 
aside from the persons of those uniting their resources, 
it must be created. The creative power is the legis¬ 
lature. The personality created is the corporation.* 
A corporation is, therefore, an artificial or ficticious 
person, created under general law or by a special act of 
the legislature, f and capable of acting within prescribed 
limits as if it were a natural person, but beyond those 
limits incapable of acting at all. 

Management.— The persons who contribute to the 
capital of the corporation, or company, receive certifi¬ 
cates of stock, that is, pieces of paper certifying that 
said persons own so many shares in the company. The 
capital, be it remembered, is the property of the cor¬ 
poration, not of the individuals. The number of these 
stockholders may be large or small, a dozen or a 
thousand. The general management of corporate 
business is necessarily entrusted to a small number of 

*From the Latin corpus, corjjoris, a body. 

t This special act .defining the powers and duties of the corporation is 
called its charter. 


COIlPO RATIONS. 


259 


persons called directors. These are elected by the 
stockholders, each share havinp^ one vote. The di¬ 
rectors select from their own number a president, a 
secretary, and other necessary officers. These persons 
and the other agents of the corporation carry out the 
policy determined upon by the directors. 

Why Limited in Powers.— The question suggests it¬ 
self, Why can a corporation do only certain things? The 
most obvious answer is, that this is consequent upon its 
mode of creation. Being a creature of the legislature, 
it can have only those powers which are specifically 
or impliedly granted to it. But pushing the matter 
farther, it may pertinently be asked. Why doesn’t the 
legislature endow it with power to do anything that 
may properly be done by a natural person? Twv; rea¬ 
sons, at least, appear. First, from the corporation’s 
standpoint, it is a matter of business prudence to have 
its purpose and powers defined: (a) to enable it to 
secure subscribers to its stock, as no one would like to 
risk his money blindly; and (5) because thus only can 
the directors be held to accountability. Second, from 
the standpoint of the public, for whom the legislature 
acts, the defining is necessary in order that corporations 
may be controlled and dangerous combinations pre¬ 
vented. 

In this connection it may be noted that corporations 
are granted some privileges not possessed by indi¬ 
viduals. For instance, private property such as land 
may be taken, even against the wishes of the owner, to 
permit the building of a railroad. ‘This can be done, 
however, only on the ground of public good, and by 
giving the owner just compensation. 

Responsibility. —A corporation, like any other per¬ 
son is responsible for any contracts that it makes, 
23 


260 


COMMERCIAL LAW. 


within its charter. It necessarily acts entirely through 
agents, hence the law of agency has an important bear¬ 
ing upon all contracts with a corporation. 

Debts incurred lie against the corporation, not as a 
rule against the stockholders individually. Sometimes 
stockholders are by the charter made liable to limited 
extent, say to an amount equal to the par value of their 
stock. 

Dissolution.— Some companies are incorporated so 
that they may last forever. Others are incorporated 
for a specified time. The latter expire by limitation or 
by becoming insolvent. A corporation of either kind 
may secure dissolution by voluntarily surrendering its 
charter. And sometimes the legislature reserves in the 
charter the right to dissolve the company under certain 
conditions. 

The affairs of a corporation are usually closed up by 
a ‘‘receiver,” who collects the bills, disposes of the 
property, pays the indebtedness as far as he can, and 
distributes the residue among the stockholders. 

COMPARISON OF PARTNERSHIP WITH CORPORATION. 


POINTS OF 
COMPARISON. 

PARTNERSHIP. 

CORPORATION. 

1. Status. 

A collection of natural 

A fictitious person. 

2. Formation. 

persons. 

By agreement. 

By legislative enactment. 

3. Powers. 

Those of natural per¬ 
sons. 

Only those conferred by 
law. 

4. Debts. 

All partners liable for all 
debts. 

Stockholders not usually 
liable. 

5. Transfer of in¬ 
terest by sale or 
death. 

Dissolves partnership. 

New stockholder suc¬ 
ceeds to shares of the old. 


Pertinent Questions. 

Who constitute the managing body in a school district? In 
a town? In a village? In a city? In a county? In the state? 









COMMEBCIAL PAPER. 261 

In the United States?* In a railroad? In a mining company? 
In a bank? In a church? In a college? 

AV'rite a list of all the corporations that you know or have 
ever heard of, grouping them under the heads and private. 

How could a pastor collect his salary if the church should 
refuse to pay it? 

Could a bank buy a piece of ground “on speculation?” To 
build its banking-house on? Could a county lend money if it 
had a surplus? State the general powers of a corporation. 
Some of the special powers of a bank. Of a city 

A portion of a man’s farm is taken for a highway, and he is 
paid damages; to whom does said land belong? The road in¬ 
tersects the farm, and crossing the road is a brook containing 
trout, which have been put there and cared for by the farmer; 
may a boy sit on the public bridge and catch trout from that 
brook? If the road should be abandoned or lifted, to whom 
would the use of the land go? 


CHAPTER XXXV. 

Commercial Paper. 

Kinds and Uses.—If a man wishes to buy some com¬ 
modity from another but has not the money to pay for 
it, he may secure what he Wants by giving his written 
promise to pay at some future time. This wuutten 
promise, or note^ the seller prefers to an oral promise 
for several reasons, only two of which need be men¬ 
tioned here: first, because it is jprima facie evidence of 
the debt; and, second, because it may be more easily 
transferred or handed over to some one else. 

If J. M. Johnson, of Saint Paul, owes C. M. Jones, 
of Chicago, a hundred dollars, and Nelson Blake, of 
Chicago, owes J. M. Johnson a hundred dollars, it is 
plain that the risk, expense, time and trouble of send¬ 
ing the money to and from Chicago may be avoided, 

*The United States: “Its charter, the constitution. * * * Its flag the 
symbol of its power; its seal, of its authority.”—Dole. 



262 


VMMEECIAL LAW, 


and the indebtedness wiped out by J. M. Johnson 
ordering Nelson Blake to pay the hundred dollars to 
C. M. Jones. The written order to this effect, called a 
draft,^ would be sent to C. M. Jones, who would present 
it for payment to Nelson Blake, and upon receiving his 
money would turn the draft over to Blake. 

To avoid the risk of being robbed, merchants and 
some others are in the habit of depositing each evening 
in a bank the receipts of the day, with the understand¬ 
ing that the money will be paid out, at any time, to 
any person whom they order it paid to. The order on 
the bank is called a check. 

It is very easy to see that these three devices are of 
immense value to the commercial world; the first by 
rendering available future resources, and the other two 
by enabling payments to be made safely. 

Definitions.— A 7wte is an unconditional promise in 
writing, to pay a definite sum of money at a certain 
time to a specified person. 

A draft is an order, written by one person and ad¬ 
dressed to another, directing him to pay a definite sum 
of money at a certain time to a specified third party. 

A check is a draft for immediate payment, drawn upon 
a bank or banker. 

In the case of a note, the person who promises to pay 
is called the maker of the note; and the person named to 
be paid, payee. 

In the case of a draft or check, the person ordering 
the payment is called the drawer j the person addressed, 
the person drawn upon or the drawee; and the person to 
be paid, payee. 

Negotiability.— The payee in any of these cases may 
wish to transfer the paper to some other person. For 
instance, the holder of the note may Avish to use the 


COMMEBCIAL PAPEB. 


263 


money before it is due, or the payee of a draft may 
wish to realize without going to the drawee. In either 
case, the desired accommodation can be secured only by 
selling the paper to some one else. This ability to be 
transferred is part of what is meant by the term nego- 
tidbility. 

But this liability to have to pay another person than 
the one named, cannot be imposed upon the maker or 
drawer without his consent. This he gives by inserting 
after the name of the payee the words ‘‘or order,” or 
the words “or bearer.” In the latter case, whoever 
holds the paper when it becomes due can collect upon 
it. In case the former words are used, the paper can be 
transferred only by indorsement^ of which more anon. 

A very important characteristic of negotiability is 
that it enables a person to grant to another rights 
which he may not himself possess. To illustriate: As 
between the maker and the payee, a note is a contract, 
and is binding only if it has all the requisites of a bind¬ 
ing contract. Therefore, if there was no consideration, 
or if the note was obtained by fraud or by intimidation, 
tho payee, knowing these facts, has no right to collect 
upon the note, and he could not by la\r compel pay¬ 
ment. But with a third party it is different. He sees 
only the note, and may not—presumably does not— 
know anything else about the contract. To compel 
him before buying the note to learn all the details of its 
history, might be embarrassing to the parties, even 
where everything is all right, and would certainly de¬ 
lay, perhaps materially, the transfer. Therefore, to 
enable people to keep their business to themselves, and 
to facilitate transfers of commercial paper, it has seemed 
best not to require this investigation. The law pre¬ 
sumes that when a person makes a transferable note, he 


264 


COMMEBCIAL LAW. 


has done so deliberately; and if loss ensues, it says 
that he must bear it rather than the innocent purchaser 
of his note. 

Conditions of Negrotiability.— But this peculiar pro¬ 
tection is given, be it observed, only to an innocent 
purchaser. If in good faith, in the regular course of 
business, a person comes into possession of commercial 
paper, negotiable in form, not yet mature, and for 
which he has given a reasonable consideration, he can 
collect on it. On the other hand, if he has found the 
paper or stolen it, or if he has bought it under circum¬ 
stances calculated to raise a suspicion as to right of the 
seller, he should not have, and will not by law receive, 
this privilege. Thus if a man is offered commercial 
paper of perfectly responsible parties at one-third its 
value, it would be reasonable to suppose that the person 
offering it had found or stolen it, and the buyer would 
obtain only the rights of the person from whom he 
bought. Or if a note past due is offered for sale, the 
presumption is that it is paid or that it is for some 
reason uncollectable, and the purchaser would buy at 
his peril. In other words, if there is anything on the 
face of the paper or in the circumstances of the case to 
warn the purchaser.^ he hays at his own rish^ and secures 
only such rights as the vendor has. 

Transfer.— Negotiable paper with the words “or 
bearer” is transferable by delivery alone. If made pay¬ 
able to some person “or order,” it is transferable only 
by his indorsement. An “indorsement in full” consists 
of the signature of the payee and his order that the 
money be paid to a specified person. An “indorsement 
in blank” consists simply of the signature of the payee. 
The effect of the latter mode of indorsing is to make 
the paper payable to bearer. 


COMMERCIAL PAPER. 


265 


Responsibility of Maker.— A note being a contract, 
the maker of one is responsible to the payee, as has 
been said, only if all the requisites of a binding contract 
are present. If the note is negotiable in form, he is 
responsible to the innocent purchaser of it. 

Responsibility of Drawee.— The person drawn upon 
may know nothing of the draft. He cannot be made a 
party to a contract without his knowledge and consent. 
That he may have knowledge of the draft, it must be 
presented to him. If upon seeing it he is willing to 
assume the responsibility of paying it when due, he 
signifies his willingness by writing across the face of the 
draft the word “accepted,” with the date of presenta¬ 
tion and his name. The draft thereby becomes his 
unconditional promise, and he becomes the principal 
debtor, occupying the position of a maker of a note. 

Responsibility of Indorser.— When a person endorses 
any commercial paper, he not only expresses thereby 
his consent to the transfer of it, but he also enters into 
a conditional contract with each person who may after- 
w^ard come into possession of the paper, whereby lie 
becomes responsible for its payment, if the principal 
debtor fails to meet his obligation. To fix responsi¬ 
bility upon an indorser, payment must be demanded of 
the principal debtor on the very day when the obliga¬ 
tion matures, and if payment is not made notice of the 
fact must be sent to the indorser before the end of the 
following day. 

Responsibility of Drawer.-Between the drawer and 
the payee a draft is a conditional contract, whereby the 
former impliedly agrees to pay the draft if the person 
drawn upon does not. His obligation is that of a 
surety or first indorser. To fix responsibility upon the 
drawer, the holder of the draft must promptly pre- 


266 


COMMEBCIAL LAW. 


sent it for acceptance to the person drawn upon; then, 
if it is not accepted, he must immediately notify the 
drawer. 

Forg-ed Paper.— Forgery is the fraudulent making or 
altering of a written instrument. One whose name is 
forged cannot be made responsible, since the act is not 
his. And since money paid under a mistake must be 
refunded, a person who, deceived by the skill of the 
forger, should pay the seeming obligation, would be 
entitled to get his money back. 

But every person is bound to use reasonable effort to 
prevent forgery. Thus, if a merchant writes out a note 
all but the amount, and authorizes a clerk to put that in 
at some other time, and the clerk inserts a larger sum, 
any innocent purchaser can compel the merchant to pay 
the full amount. In some states it is held that a person 
who leaves space in an obligation wherein the amount 
can readily be raised, is bound to stand the loss caused 
by his negligence. 

Accommodation Pai>er.— A man may be perfectly 
willing to lend a friend some money and yet be unable 
to do so. He may, however, in any one of several ways, 
make it possible for his friend to obtain the money. 
Thus A, wishing to accommodate his friend B, may make 
a note payable to B’s order; or he may endorse B’s note; 
or he may make a draft payable to B’s order; or he may 
accept B’s draft on him. By selling the paper, B 
secures the money desired. The implied contract 
between A and B is that B will pay the obligation. 

In none of these cases could B compel A to pay him 
any money, because the contract between them lacks 
consideration. But A would be responsible to an inno¬ 
cent purchaser, because there is nothing on the face of 
the paper to indicate the defect. And he would be 


COMMEBOIAL PAPER. 


267 


responsible even to a purchaser who knows the paper 
to be accommodation, because by signing he binds him¬ 
self to pay if B does not, and his signature is what 
enables the sale to be made. 

Certified Checks. —Business men make most of their 
l)aymcnts by check. If the receiver rf a clieck does 
not, for any reason, wish tlie money, he may deposit 
the check in the bank as if it were cash. If he is going 
away from home, or if he wishes to make a payment in 
some other place, he may save the expense of a draft, 
and make a check equally as acceptable, by getting the 
cashier of the bank to “certify” it, that is to state 
officially that the drawer has the money in the bank. 
This he does by writing across the face of the draft the 
vvord “Good,” with his signature as cashier. When 
this is done the responsibility rests primarily on the 
l)ank. It occupies the position of the acceptor of a 
{Iraf t. 


Pertinent Questions. 

Two 01 the following are valid notes; which two? The 
others are not; Why? 1. March 5,1890, I promise to pay John 
Smith one hundred dollars, if he is then living.—William Jones. 
2. On or before March 5, 1890, I promise topay John Smith one 
hundred bushels of wheat.—William Jones. 3. On March 5, 
1890, I promise to pay John Smith whatever is then due him.— 
William Jones. 4. When he comes of age, I promise to pay 
John Smith one hundred dollars.—William Jones. 5. March 

5, 1890,1 promise to pay one hundred dollars.—William Jones. 

6. One year after date, I promise to pay to John Smith one 
hundred dollars.—William Jones. 7. Mankato, Minn., Decem¬ 
ber 11, 1888. One year after date I promise to pay John Smith 
one hundred dollars. 8. On the death of his father, I promise 
to pay John vSmith one hundred dollars.—William Jones. 9. 
On March 0 , 1890, 1, W illiam Jones, promise to pay John Smith 
one hundred dollars. 

How many parties may there be to a note? IIow many, at 
least, must there be? As between them, must there be con¬ 
sideration to make it binding? Must the words “for value 
received” appear on the note? A note being a contract, what 
things are necessary to make it binding? Write two valid 
notes in different forms. Write a negotiable note transferable 


268 


COMMEBCIAL LAW. 


without indorsement. A note transferable by indorsement. 
Which is safer to carry in the pocket? Why? Which imposes 
the less responsibility if transferred? If you were taking a 
note payable to bearer, would you require the person from 
whom you were getting it to indorse it? A man has somenon- 
negotiable notes; if he dies can his heir collect them? A note 
payable “to order” is indorsed in blank; to whom is it payable? 
May a note payable “to bearer” be made payable only “to 
order?” When does a note cease to be negotiable? Under 
what circumstances may a person have to pay a note which he 
has already paid? What is a “greenback?” 

How many persons, at least, must there be to an accepted 
draft? When does the responsibility of the drawer begin? 
That of the person drawn upon? How does the acceptance of 
a draft affect the responsibility of the drawer? If the draft 
is not accepted, to whom shall the holder look for pay? Are 
drafts negotiable before acceptance ? 

Compare and contrast a note and a draft. A draft and a 
check. Is the bank under any obligation to the holder of an 
uncertified check? Does certifying a check release the drawer 
of it? Are checks negotiable? 

What responsibility does an indorser assume in case of a 
note? Of an unaccepted draft? Of an accepted draft? Of a 
check? What does “without recourse” mean? To how many 
persons is the maker of a note responsible ? The first indorser ? 
The second? How can the first indorser be distinguished from 
the second? To whom is the second indorser not responsible? 

Who are not responsible to the holder of a negotiable paper 
unless notified? Who are responsible without notice? What 
principle do you discover? When is a demand note due? A 
check? A time note? A sight draft? A time draft? 

What should you do, and why, in the following cases: 

1. When you pay a note? 2. When you make a partial pay¬ 
ment on a note? 3. If you should lose a note? 4. If you have 
a note without indorsers, to render the maker responsible? 
5. If you hold a note having indorsers, to render the indorsers 
responsible? 6. If you hold an unaccepted draft? 7. In case 
acceptance is refused ? 8. If you hold an accepted draft? 9. If 
the acceptor fails to pay when the paper becomes due? 10. If 
you hold an uncertified check, in order to render the drawer 
responsible? 11. If it is indorsed, to make the indorsers 
responsible? 12. If you have a certified check, to make the 
bank responsible? 13. If you are a third indorser of a note, 
whom can you hold responsible in case the paper is dishonored, 
and how? 14. If you have a bearer note and you wish to 
transfer it without assuming responsibility? 15. How if it is 
an order note? 


APPENDIX 


A. —FORMS. 


Town Business. 

L Organization of a Town. 

PETITION. 

To the board of county commissioners of the county of , : 

The undersigned, a majority of the legal voters of congressional town¬ 
ship number north, of range number west, in said county, 

containing not less than twenty-five legal voters, hereby petition your 
honorable board to be organized as a new town under the township 
organization law, and respectfully ask that you forthwith proceed to fix 
and determine the boundaries of such new town and to name the same 
(giving the proposed name.) 

(Dated, and signed by a majority of all the legal voters in the town.) 

commissioners’ report. 

state of , county of , ss. 

Upon receiving a petition of a majority of all the legal voters of con- 
gresional township number north, of range number west, 

in said county, asking that the same be organized as a new town under 
the township organization law, to be named , we, the county 

commissioners of said county did, on the day of A. D. 18 , 

proceed to fix the boundaries of such new town and name the same 
, in accordance with the said petition, and designated as 

the place for holding the first town meeting in such town, to be held on 
, 18 . The boundaries of said town of , as fixed and 

established by us, are as follows: (Beginning at the southeast corner of 
section , town north, of range west, thence west on the 

township line to the southwest corner of section , town and 

range as aforesaid, thence north, &c., giving the boundary lines com¬ 
plete.) Given under our hands this day of , 18 . 

[Auditor’s official seal.] (Signed by the Commissioners.) 

Attest: O. J., County Auditor. (269) 




270 


APPENDIX. 


IL Elections. 

KOTICE OF ANNUAL ELECTION. 

Notice is hereby given, that on Tuesday, the day of November, 

18 , at , in the election district composed of the , in the 

county of , and state of , an election will be held for (here 

name the state, judicial, congressional, legislative and county officers to 
be elected); (if constitutional amendments are to be submitted, add:) 
also the following amendments to the constitution of the state will be 
submitted to the people for their approval or rejection, viz.; amendment 
to section , article , of the constitution (naming each one proposed); 
(and if any special matters, such as removal of county seat, Ac., are to be 
voted on, then specifically state them); which election will be opened at 
nine o’clock in the morning, and will continue open until five o’clock in 
the afternoon of the same day, at which time the polls will be closed. 

Dated at this day of October, 18 

C. O. S., Town Clerk (or City or Village Recorder.) 

REGISTER POLL LIST. 

List of qualified electors in the election district composed of the 
of , in the county of , and state of , for an election 

to be held in the said election district, on Tuesday, the day of 

November, 18 

Adams, James Little, Joseph 

Babcock, George Mann, Oscar. 

(Write the surnames in alphabetical order, and leave sufficient space 
between the alphabetical letters to insert all additional names.) 

Notice is hereby given that the undersigned judges of election of said 
election district, will be present at the , in said , at the times 

named below, for the purpose of making corrections in the foregoing list, 
viz.: On Wednesday, October , and (here insert the days and times of 
the day they are to meet), from 9 o’clock a. m. till 4 o’clock i>. m. of each 
day, and also on the morning of election day, from 7 o’clock a. m. to 9 
o’clock A. M. 

Given under our hands this day of October, 18 

(Signed by all the judges of election.) 

MINUTES OF TOWN MEETING. 

At the annual (special) town meeting held in the town of , county 

of , state of , at , on the day of , 18 , 

tlie meeting Avas called to order by R. G., town clerk. M. J. II. Avas then 
chosen to preside as moderator of the meeting. 

The moderatt)!’, at the opening of the meeting, stated the business to be 
transacted and the order o£> the same as folloAvs: That tlie business to be 
transacted Avould be to elect three supeiwisors, &c., (stating the officers to 
be elected.) and to do any other business proper to be done at said 
meeting. 



FOBMS. 


271 


That said bvisiness would be entertained in the following order: 1st— 
The election by ballot of town officers, the polls to be kept open through¬ 
out the day. 2d—At one o’clock p. m., election of overseers of highways 
for each road district in the town. 3d—That immediately following the 
election of overseers of highways the general business of the town would 
be taken up and proceeded with until disposed of. 

Proclamation of opening the polls was then made by the moderator and 
the polls opened and the election of town officers proceeded. 

The hour of one o'clock p. m. having arrived and the general business of 
the town being now in order, the following named persons were elected, 
hy ayes and noes, overseers of highways for the ensuing year in the fol¬ 
lowing road districts, viz.: (here give the numbers of the road districts and 
the names of the persons elected overseers thereof.) 

A. B. was elected poundmaster of said town. On motion, ordered that a 
pound, &c., (give the location, cost, &c., of pound, if ordered.) 

The following three places were determined and designated by the 
Voters present as the most public places in said town for the posting up of 
legal notices, and suitable posts for such purpose were ordered to be 
erected or maintained by the supervisors at each of such places, viz.: 
(describe the places.) 

The supervisors submitted to the electors a report of all the places at 
which guide posts are erected and maintained within the town, and of alt 
places at which, in their opinion, they ought to be erected and maintained. 
Thereupon, it was ordered that guide posts be erected and maintained at 
the following places, viz.: (describe the places.) 

The town clerk read publicly the report of the board of auditors, in¬ 
cluding a statement of the fiscal concerns of the town and an estimate of 
the sum necessary for the cui’rent and incidental expenses of the town for 
the ensuing year. 

The supervisors rendered an account in writing, stating the labor 
assessed and performed in the town, the sums received by them for fines 
and commutation, &c.; a statement of the improvements necessary to be 
made on the roads and bridges, and an estimate of the probable expense 
of making such improvements beyond that of the labor to be assessed for 
this year, that the road tax will accomplish; also a statement in writing 
of all expenses and damages in consequence of laying out, altering or 
discontinuing roads. 

On motion, it was ordered that the following sums of money be raised 
by tax upon the taxable property in said town for the following purposes 
for the current year: (enter the specific amounts carefully.) 

On motion of H. S. H. H., the following by-law was adopted, ayes , 
noes : “It is hereby ordered and determined that it shall be lawful 

for horses, mules and asses to run at large in the town of , in the day 
time, from the first day of April to the 15th day of October, in each year, 
until further ordered.” 

On motion, it was resolved, Ac., (set forth in order each resolution or 
order as it transpix*es.) 

The next annual town meeting was ordered, to be held at (naming the 
place.) 

At five o’clock the polls were closed, proclamation thereof being made 
by the moderator. The judges then proceeded to publicly canvass the 


272 


APPENDIX, 


votes, and the persons having the greatest number of votes tor the 
respective offices voted for were declared elected. 

STATEMENT OF RESULT OF CANVASS. (To be read publicly.) 

The following is a statement of tlie result of the canvass of votes by 
ballot for the election of officers at the annual town meeting in the tosvn 
of , county of , and state of , March , 18 , 

as publicly canvassed by the judges at said meeting: 

H. B. had votes for chairman of supervisors. 

J. L. had votes for cliairman of supervisors. 

H. B. was declared elected chairman of supervisors. 

(In this way give a statement of the votes cast for each officer.) 

On motion the meeting adjourned without day. 

c. o.’ 

Attest: R. G., Clerk. 

OFFICIAL OATH. 

State of , county of , town of , ss. 

I, J. A., do solemnly swear (or affirm) that I will support the constitution 

of the United States and of the state of , and faithfully discharge 

the duties of the office of of the town of , in the county of , 

and state of , to the best of my ability. J. A. 

Subscribed and sworn to before me this day of A. D. 18 

T. S., Justice of the Peace. 


OFFICIAL BOND. 

Know all men by these presents, that we, R. S., as principal, and B. B. S. 
and J. E. as sureties, all of the county of , and state of , are 

held and firmly bound unto J. D. E., E. C., and E. E., as supervisors of the 
town of , in said county, and their successors in office, in the sum of 
(five hundred) dollars, lawful money of the United States of America, to 
be paid to them as such supervisors, their successors or assigns; for v’hich 
payment well and truly to be made, we bind ourselves, our heirs, executors 
and administrators, jointly and severally, firmly by these presents. Sealed 
witli our seals- dated the day of , 18 . 

The condition of the above obligation is such, that whereas, the above 
b(niuden R. S. was, on the day of , A. D. 18 , duly elected (or ap¬ 
pointed)- in and for the town of , in said county, for the term 

of , and is about to enter upon the duties of said office; now, therefore, 
if the said R. S. shall, will and does faithfully discharge all his duties as 
such in and for said town, then the above obligation to be void, other¬ 
wise to remain in full force and virtue. 

R. S. [Seal.] 

Sealed and delivered in presence of B. B. S. [Seal.] 

J. B. and G. J. J. E. [Seal.] 

State of , County of , ss. 

On this day of , A. D. 18 . before me, the subscriber, a in 

and for said county, personally appeared to me known to be 


FORMS, 273 

the person described in, and who executed the foregoing instrument, and 
acknowledged that he executed the same as free act and deed. 

County of , ss. B. B. S. and J. E., being duly sworn, say each for him¬ 
self, that he is surety in the within bond; that he is a resident and free¬ 
holder of the state of , and that he is worth the sum of (five 

hundred) dollars over and above his debts and liabilities, aud exclusive of 
property exempt from execution. B. B. S. and J. E. 

Subscribed and sworn to befoi’e me, this day of , 18 . 

W. R. P., Justice of the Peace. 

(After folding the instrument the approving officer must indorse on its 
back the following words:) “I hereby approve the within bond and the 
sureties therein contained, this day of , 18 .” 

(Signed officially by the approving officer.) 


NOTICE TO CLERK OF DISTRICT COURT OF ELECTION 
OF JUSTICE OF THE PEACE. 

State of , county of , town of , ss. 

To H. A. B., (address,) clei’k of the district court of the county of 
You are hereby notified that at the town meeting held in the town 
of , in the county of , and slate of , on the day of 

March, A. D. 18 , P. E. C. was duly elected to the office of justice of the 
peace, for the term of two years. (If elected to fill a vacancy, state who was 
the last incumbent.) Given under my hand, this day of March, A. D. 
18 . A. II., Town Clerk. 


III. Boads. 

PETITION. 

To the supervisors of the town of , in the county of , and state 

of : 

The undersigned, legal voters (who own real estate, or who occupy real 
estate under the homestead or pre-emption laws of the United States, or 
under contract from the state of , within one mile), (or who are 

freeholders and residents of the town within two miles) of the road to be 
laid out (or altered, or discontinued), hereby petition you to lay out a new 
road (or alter, or discontinue a road) as follows: Beginning (give the point 
at which it is to commence, its general course and its termination.) 

The description of the lands over which the said (new) road passes, and 
the names of the owners thereof which are known, as well as the lands 
whose owners are unknown, are as follows: (Give the owners of the lands 
that are known and describe the lands whose owners are unknown.) 

And your petitioners pray that you will proceed to lay out said new road 
and cause the same to be opened (or alter, or discontinue said road) accord¬ 
ing to law. Dated, and signed by at least six resident legal voters owning 
real estate or occupying United States or school lauds within one mile, or 
at least eight resident freeholders within two miles of the road.) 


2Y4 


APPENDIX. 


PROOF OF POSTING. 

State of , county of , town of , ss. 

D. S. being sworn, says, that on the day of , 18 , he posted 

copies of the within petition in three of the most public places of said 
town, to-wit: At (naming the places.) D. S. 

Subscribed and sworn to before me this day of , 18 . 

E. AV. R., Justice of the Peace. 

supervisors’ notice of hearing. 

Notice is hereby given that the supervisors of the town of ‘jin the 
county of , and state of , will meet on the day of A. D. 

18 , at o’clock in the noon, at , in said town, for the purpose of 
personally examining the route named below, proposed for a now (or alter¬ 
ing, or discontinuing a) road, and for hearing all reasons for or against said 
proposed laying out (or altering, or discontinuance) and deciding upon said 
application. Said proposed new road (or alteration, or discontinuance) as 
described in the petition is as follows: (Here give the description of the 
route as contained in the petition.) 

The several tracts of land through which said road will pass (passes) and 
the occupants thereof, as nearly as we can determine the same, are as 
follows: (Give a description of the lands and the names of the occupants, 
and if any have no occupants and the ow'iiers are unknown, state that fact.) 
(Dated, and signed olticially by the supervisors.) 

PROOF OF POSTING NOTICE. 

State of , county of , town of , ss. 

D. S. being sworn, says that on the day of , A. D. 18 , he served 
the within notice upon each of the occupants of the land through which 
the within described road may pass, by leaving copies as follows: To A. B. 
Iiersonally; to C. D. at his usual place of abode with E. F., a person of 
suitable age and discretion, (describing each service.) 

That, also, on the day of A. D. 18 , he posted copies of the 

lathin notice in three public places in said town, to-wit: At (naming the 
places.) D. S. 

Subscribed and sworn to before me this day of , 18 . 

E. W. R., Justice of the Peace. 

supervisor’s road order. 

State of , county of , town of , ss. 

Whereas, upon the petition of (six) legal voters, owning real estate, or 
occupying real estate under the homestead or pre-emption laws of the 
United States, or under contract from the state of , within one 

mile (or eight legal voters, freeholders and residents of the town, within 
two miles), of the road proposed in said petition to be laid out (altered or 
discontinued), copies of said petition having been first duly posted up in 
three of the most public places of said town at least twenty days before any 
action was had in relation thereto, proof of Mdiich posting was duly shown 
to us by affidavit; which said proposed new road (alteration or discontinu¬ 
ance) is set forth and described in said petition as follows, viz.: Beginning, 
etc., (set forth the road as given in the petition.) 


FOBMS. 


275 


And whereas, upon receiving said petition we did, within thirty days 
thereafter, make out a notice and fix therein a time and place at which we 
would meet and decide upon such application, to-wit: on the day 

of , A. D. 18 , at , causing copies of such notice to be posted 

in three public places in said town, at least ten days previous to such 
meeting; and having met at such time and place as above named in said 
notice, and being satisfied that the applicant had, at least ten days pre¬ 
vious to said time, caused said notice of time and place of hearing to be 
given to all the occupants of the land through wliich such highway might 
pass, by serving the same personally or by copy left at the usual place of 
abode of each of said occupants, proof of which was shown by affidavit, we 
proceeded to examine personally such highway and heard any and all 
reasons for or against laying out (altering or discontinuing) the same, and 
being of tlie opinion that such laying out (or altering, or discontinuing,) 
was necessary and proper and that the public interest would be promoted 
thereby, we granted the prayer of said petitioners and determined to lay 
out (alter or discontinue) said road, the description of which as so laid out 
is as follows, to-wit: Beginning, <fcc. 

It is therefoi’e oi’dered and deteinnined that a road be and the same is 
hereby laid out (or altered) and established according to the description 
last aforesaid, and it is hereby declared to be a public highway, four rods 
wide, the said description above given being the center of said road. 
Given under our hands this, &c., (dated and signed officially by the super¬ 
visors.) 

sukveyor’s report. 

To the supervisors of the town of , county of , and 

state of : 

The undersigned having been employed by you to make a survey of a 
road in said town would report that the following is a correct survey 
thereof, as made by me under your directions, to-wit: (Give an accurate 
description of the foad by course and distance) and that below is a correct 
plat of said road according to said survey. (Dated and signed.) 

RELEASE OF DAMAGES. 

State of , county of , town of , ss.: 

Whereas, a road was laid out (or altered or discontinued) on the day 
of , A. D. 18 , by the supervisors of the said town of , on the peti¬ 
tion of (six) legal voters, owning I’eal estate, or occupying real estate under 
the homestead or pre-emption laws of the United States, or under contract 
fi’om the state of , within one mile (or eight legal voters free¬ 

holders and residents of the town within two miles) of said road; which 
said road (or alteration, or discontinuance) is set forth and described in 
the supervisors’ order, as follows, viz.: Beginning (describe the road as in 
the order laying it out); which said road passes through certain lands 
owned by us as described below: 

Now, therefore, know all men by these presents, that we, the owners of 
the lands desjcribed below, for value received, do hereby * release all claims 
to damages sustained by us by reason of the laying out (or altering, or dis¬ 
continuing) and opening said road through our lands, viz.; (Here give a 
description of the lauds and their owners’ names.)* 


276 


APPENDIX. 


In witness whereof, we have hereunto set our hands and seals this 
day of , A. D. 18 . (Signatures and seals.) Signed, searted and 

delivered in presence of two witnesses. 

AGREEMENT AS TO DAMAGES. 

(Use form “Release of Damages” to the * then substitute to the next * as 
follows:) do hereby “agree to and with the said supervisors that the dam¬ 
ages sustained by us by reason of laying out (or altering, or discontinuing) 
said road be ascertained and fixed, and the same are hereby ascertained 
and fixed as follows: (Describe the lands, give the owners’ names, and the 
amounts agreed on;” and conclude as in form “Release of Damages.”) 

AWARD OF DAIMAGES. 

State of , county of , town of , ss.: ' 

Whereas, a road was laid out (or altered or discontinued) on the day 
of , A. D. 18 , by the undersigned supervisors of the said town of , 
on the petition of (six) legal voters, owning real estate, or occupying real 
estate under the homestead or pre-emption laws of the United States, or 
under contract from the state of , within one mile (or eight legal 

voters, freeholders and residents of the town within two miles) of said 
road; which said road (or alteration, or discontinuance) is set forth and de¬ 
scribed in the supervisors’ order as follows, viz.: Beginning (describe the 
road as in the order laying it out.) And not being able to agree with the 
owners of the following described lands, claiming damages by reason of 
said highway passing through, we have assessed the damages to each of 
such individual claimants with whom we could not agree, and awarded 
damages to the owners of such lands through which such highway jiasses 
as are unknown, at what we deemed just and right; taking into account 
and estimating the advantages and benefits the road will confer on the 
claimants and owners, as well as the disadvantages. We have assessed 
and awarded damages as follows: 

(Here give a particular description of each tract of land and its owner, if 
known; but if not known, state that fact also.) 

And in case of the following lands and claimants for damages, we esti¬ 
mate that the advantages and benefits said road will confer on them are 
equal to all damages sustained by them by reason of laying out (or altering, 
or discontinuing) said road, to-wit: (Set forth lands and owners as far ai 
known; and describe the unknown lands, stating that the owners are un 
known.) (Dated, and signed by the supervisors.) 

APREICATION FOR JURY. 

State of , county of , town of , ss. 

To J. P., justice of the peace in and for said county: 

I, J. A. B., of said town, feeling myself aggrieved by the determination 
(award of damages) made by the supervisors of said town (county commisi 
sionnrs of said county) by their order bearing date the day of , 

A. D. 18 , in laying out (altering or discontinuing) (or refusing to lay out, 
alter or discontinue) a highway in said town (county), do hereby appeal to 
you for a jury to be summoned by you to hear and determine such appeaU 

The highway (alteration or discontinuance) in question is described in 


FOBMS. 


277 


said order, filed in the town clerk’s (county auditor’s) office of said town 
(county) , A. D. 18 , as follows: (describe the road, as in the order on 
file), which said road passes through lands owned by me, viz.: (describing 
them.) 

The grounds upon which this appeal is brought, are: (to recover $80 dam¬ 
ages to my said land by reason of such laying out, instead of $40 as awarded 
in said order) (or, in relation to the laying out, or altering, or discontinuing 
said highway;) (or their refusal to lay out, or alter, or discontinue said 
highway;) (or said appeal is brought to reverse entirely the decision of 
the said supervisors or commissioners;) (or is brought to reverse that part 
of their order [specifying which part,] &c.) (Dated and signed by the 
appellant.) 


Justice Court. 

I. Civil Suit. 


SUMMONS. 

State of j ) (n\ 

County of |ss. w 

The state of to the sherifl" or any constable of said county: 

You are hereby commanded to summon A. M., if he shall be found in 
your county, to be and appear before the undersigned, one of the justices 
of the peace in and for said county, on the day of , 18 , at 

o’clock in the noon, at my office in the , in said county, 

to answer to J. T. in a civil action; and have you then and there this writ. 
Given under my hand this day of , A. D. 18 . 

' W. D. D., Justice of the Peace. 


constable’s return. 

{Venue as in Summons.) 

I hereby certify that I personally served the within summons upon the 
within named defendant, by reading the same to him, in said county, on 
the day of , 18 . 

Fees—Mileage, 8 miles, - - .80 

Service, - - - - .15 

.95 G. M. G., Constable. 


State of 
County of 



COMPLAINT. 

In Justice Court, 

Before W. D. D., Justice of the Peace. 


J. T., plaintiff, 
against 

A. M., defendant. 


The complaint of the plaintiff shows to this court that at , in the 

state of , on the day of , 18 , the defendant made his 


(a\ This brace of lines, giving the state and county as introductory to a 
nrocess, certificate, affidavit or other paper, is called a “venue,” and should 
be inserted wherever the word {Venue) is expressed m forms given here- 

(&) All the affidavits, pleadings, and other papers filed by parties in an 
action should be “entitled,” that is to say, should begin with a caption 



278 


APPENDIX. 


promissory note in writing, dated on that day, and thereby promised to 
pay to the plaintiff (one year after date) tlie sum of (eighty) dollars, for 
value received, with interest thereon from the said date at the rate of (ten; 
percent, per annum until fully paid, and delivered the same to the plaintiff. 

That the plaintiff is now the holder and owner of said note; that the 
same has not been paid, nor any part thereof; but the defendant is now 
justly indebted to the plaintiff thereon in the sum of (eighty) dollars, with 
interest as aforesaid. 

Wherefore, the plaintiff demands judgment againt the defendant for 
the sum of (eighty-nine) dollars and (sixty) cents, with costs of suit. 

J. T. 

{Venue.) 

J. T., the plaintiff (or defendant) in this action, being duly sworn, says 
that the foregoing complaint (or answer, or reply,) is true, to his own 
knowledge, except as to those matters stated on his information and 
belief, and as to those matters, that he believes it to be true. J. T. 

{Jurat.) 


ANSWEK. 

{Title of cause.) 

The answer of the defendant to the complaint herein, shows to this court: 

1. That he admits the making and delivering of the note therein stated, 
but denies each and every other allegation therein contained. 

2. And for a further defense this defendant shows that on the day 

of J18 , he bought (a horse) of the plaintiff for the sum of (one 

hundred and thirty) dollars, and paid him (fifty) dollars in money, and 
the note of (eighty) dollars described in the complaint; which (hoi’se),by 
the contract of sale, the plaintiff warranted to the defendant to be sound; 
and the defendant further states that the said (horse) was unsound at the 
time, whereby the defendant sustained damage in the sum of (one hun¬ 
dred) dollars. 

Wherefore he asks that said amount of damage be set off against the 
amount of said note, and demands judgment for the balance of (twenty) 
dollars, besides costs of suit. A. M. 

{Verified.) 


REPLY. 

{Title of cause.) 

The reply of the j)laintiff to the facts set forth in the answer of the de¬ 
fendant, denies each and every allegation therein contained. J. T. 

( Verified.) 


ADJOURNMENT, 

{Title of cause.) 

{Venue.) A. M., being duly sworn, says, that he is the defendant in this 
action; that J. C. S., who resides in the town of , in said county, is a 

similar to the above, giving the state and county, name of justice, and the 
names cf the parties, plaintiff and defendant, to the action. This caption 
{title of cause) is to be inserted in every f :)rm given hereafter, wherever it 
is so expressed. 



FOBMS. 


2T9 


material witness for this defendant, without whose testimony he cannot 
safely proceed to the trial of this action; that the said J. C. S., if examined 
as a witness on the trial, will testify tliat he was present at the time the 
horse mentioned in the answer was purchased, and heard the plaintiff 
say to the defendant, “the horse is sound, and I warrant him so;” that he 
heard this defendant replj^ “well, I shall rely entirely upon your warranty;” 
and that thereupon defendant gave his note for the balance of the purchase 
money of tlie horse. 

That on the day of ? 18 , he procured a subpoena for the said 

J. C. S., and went with the same to his residence to serve the same, when 
he there learned for the first time tliat said J. C. S. had unexpectedly left 
liome the day before and had gone to , in the state of , to 

be absent (tliree) weeks. That lie knows of no other person by whom he 
can prove these facts; and that lie expects to be able to procure the attend¬ 
ance of said J. C. S. as a witness on the trial, if this cause is adjourned for 
(thirty) days. A. M. 

(Jurat.) 


ss. 


SUBPCENA. 

State of 
County of 

The State of to J. K., J. L. and G. G.: 

You are hereby required to appear before the undersigned, one of the 
justices of the peace in and for said county, at my ofRce in the town of 
, on the day of > 18 , at o’clock in the noon 

of said day, to give evidence in a certain cause then and there to be tried 
between J. T., plaintiff, and A. i.4 ^ defendant, on the part of the plaintiff 
(or defendant.) 

Given under my hand this day of , 18 . 

W. D. D., Justice of the Peace. 


ATTACHMENT AGAINST WITNESS. 

(Venue.) 

The State of to the sheriff or any constable of said county: 

You are hereby commanded to attach the body of S. K. B., if he shall be 
found in your county, and bring him forthwith before the undersigned, 
one of the justices of the peace in and for said county, at my office in the 
town of , in said county, to give evidence in a certain cause now 

pending before me, between J. T., plaintiff, and A. M., defendant, on the 
part of the defendant (or plaintiff); and also to answer all such matters as 
shall be objected against him, for that the said S. K. B., having been duly 
subpoenaed to attend at the trial of said action, had refused (or failed with¬ 
out just cause) to attend, in confoi’niity to said subpoena; and have you 
then and there tliis writ. 

Given under my hand, etc. W. D. D., Justice of the Peace. 


constable’s juky list. 

(Title of cause.) 

List of names of (twenty-four) inhabitants of the county of , qualified 
to serve as jurors in the district court of said county, made by me as 


280 


APPENDIX. 


directed by said justice of the peace, 
above entitled cause. 

Dated, etc. 

John J. Cooke, X 
Allan K. Ware, 

X Jared S. Benson, 

Walter G. Brown, 

George W. Jones, 

Elias Bedall, 

Erick Peterson, 

Patrick Kelly, X 
X Thomas O. Jones, 

Julius Graetz, 

John Shannon, X 
X David F. Lamb, 

Names struck off by plaintiff 
checked on the left. 


from which to impanel a jury in the 
G. W., Constable. 


Wm. W. Wertsel, 

X Daniel G. Pratt, 

Horace S. Roberts, X 
J. W. Everstine, 

Aaron M. Ozniun, 

X Ole T. Ruhd, 

Lars Anderson, 

Conrad Schacht, 

O. P. Whitcomb, 

X J. Q,. Leonard, 

Zera Fairman, X 
Russell Blakely. X 

checked on the right; by defendant 
W. D. D., Justice of the Peace. 


VENIRE. 

»|ss. 

to the sheriff or any constable of said county; 

You are hereby commanded to summon (here insert the names in full), 
to be and appear before the undersigned, one of the justices of the peace 
in and for said county, on the day of j 18 , at o’clock in the 

noon of said day, in the (town) of , in said county, to make a 

jury for the trial of a civil action between J. T., plaintiff, and A. M., de¬ 
fendant, and have you then and there this writ. 

Given under my hand this day of , A. D. 18 . 

W. D. D., Justice of the Peace. 


State of 
County of 

The State of 


RETURN. 

( Venue.) 

I hereby certify that, by virtue of the within writ, I have personally 
summoned as jurors the several persons named therein, viz.: (give the list 
served; and if any are not served, add): and that the following named 
persons could not be found (giving their names.) 

Dated this day of , 18 . G. W., Constable. 

Fees, etc. 


WARRANT FOR JUROR. 


• ss. 


State of 

County of 

The State of to the sheriff or any constable of said county: 

Whereas, on the day of , A. D. 18 , a venire was duly issued 

by the undersigned, one of the justices of the peace of the said county, in 
the case of J. T. m. A. M., then pending before me as such justice; and, 
whereas, one E. F. was duly named as juror therein, and said venire was 
duly served upon said E. F. by G. H., a constable of said county; and, 
whereas, the said E. F. failed to appear as such juror, or to render any 
reasonable excuse for his default, as appears from the return of said con¬ 
stable, and from my docket; now, therefore, you are hereby commanded 
forthwith to apprehend the said E. F. and bring him before me to show 



FOBMS. 281 

cause why he should not he fined for contempt in not obeying said writ, 
and to be further dealt with according to law. 

Given under my hand, etc. W. D. D., Justice of the Peace. 

DOCKET. 

{With oral pleadings, jury trial, execution, etc.) 

State of ,1 In Justice Court. 

^ Before W. D. D., Justice of the Peace. 


August 1,1887.—Summons issued, returnable 
August 9,1887, at 1 o'clock p. m. 

Augusts.—Summons returned by Constable 
S. (Here give the return of the officer.) 

August 9, 1 p. M. — Parties appeared and 
joined issue. Plaintiff complained orally upon 
a promissory note, and delivered the same to 
the court, and stated that there was due him 
and interest thereon, which he claimed to 
recover of defendant; verified the same. De¬ 
fendant answered orally, alleging that said 
note was given for a horse, which horse was 
warranted to be sound, whereas, in fact, it 
was unsound, claiming S^lOO damages thereby; 
verified. Plaintiff replied orally, denying the 
warranty; verified. Plaintiff then applied for 
an adjournment, and the suit was adjourned 
to August 16,1887, at 1 p. M., at my office. 

August 16,1 p. M.—Parties appeared, and de¬ 
fendant applied for an adjournment of thirty 
days, to obtain material witness, and having 
shown cause therefor, iipon oath, the suit was 
ndjourned to September 16,1887, at 1 p. M., at 
my office. 

September 16,1887,1 p. m.—P arties appeared, 
and defendant demanded a jury of twelve 
persons, paying their fees. Venire issued and 
delivered to Constable G.W. Cause adjourned 
to September 17,1887, at 1 p. m.. at my office, 
to give time to summon the jury, and for 
them to appear. 

September 17,1 p. m.—P arties appear. Two of the jurors not appearing, 
G. D. and E. F. were summoned as talesmen. The following jurors were 
sworn; (Give the list.) The following witnessss were sworn for the plain¬ 
tiff: (Note in order in the docket all exceptions taken to any testimony.) 
The following witnesses were sworn for the defendant, etc. The following 
witnesses were sworn in rebuttal, etc. (All exceptions to rulings of the 
court are to be noted in the docket in order whenever they occur.) 

September 17,5 p. m.—A fter hearing the testimony, the jury retire, under 
charge of Constable G. W., sworn for that purpose. 


J. T., Plaintiff, 
against 

A. M., Defendant. 


plaintiff’s costs. 
Justice's Fees. 


Summons.$ 25 

Complaint. 15 

Answer. 15 

Reply. 15 

Adjournment. 15 

Oath, 2dadjt. 15 

2d adjournment. 15 

Filing two papers. 10 

3d adjournment. 15 

Swearing jury. 25 

Oath, nine witnesses.. 135 

Oath, officer. 15 

Judgment. 25 

Taxing costs. 15 


m 55 

Constable's Fees. 

On summons.S^l 10 

Jury list. 15 

Summoning jury. 1 00 

1 day’s att. court. 1 00 

Attending jury. 50 


m 75 

Plaintiff's Witnesses. 

W.A.,att. and mil — $1 48 
L. D., “ “ ....124 

Z. S., “ “ ....112 

J. B., “ “ ....136 


S5 20 


$12 50 
























282 


APPENDIX. 


6 p. M.—Jury returned into court, and say that they find for tlie plaintitf 
for the sum of $86u00. 

Judgment rendered thereupon against the defendant for ^6.00 and costs 
of suit, taxed at 5^12.50, on this 17th day of September, 1887. 

W. D. D., Justice of the Peace. 

September 29,1887.—Execution issued for 186.00, and interest from Sep¬ 
tember 17, and for $12.50 costs, and delivered to Constable G. W. to collect. 

VV. D. D., Justice of the Peace. 

October 11.—Execution returned satisfied. 

W. D. D., Justice of the Peace. 

October 15,1887.—Received the above judgment and costs in full. 

J. T., Plaintiff. 


OATH TO JURORS. 

“ You do solemnly swear that you will well and truly try the matters in 
difference between the parties in this cause, and a true verdict give, accord¬ 
ing to the evidence given you in court and the laws of this state. So help 
you God.” 


OATH TO WITNESS. 

“ You do solemnly swear that the evidence you shall give relative to the 
cause now under consideration shall be the whole truth, and nothing but 
the truth. So help you God.” 

OATH TO OFFICER. 

“ You do solemnly swear that you will keep this jury together in some 
suitable place, without food or drink, unless ordered by the court; that you 
will suffer no person to speak to them upon the matters submitted to their 
charge until they are agreed, nor will you speak to them yourself about 
the cause, except to ask them whether they are agreed; that you will 
permit no person to listen to, or overhear, any conversation or discussion 
they may have while deliberating on their verdict; that you will not dis¬ 
close their verdict nor any conversation they may have respecting the 
cause, until they have delivered their verdict in court, or been discharged 
by order of the court. So help you God.” 

EXECUTION. 

;}ss. 

to the sheriff or any constable of said county: 

Whereas, judgment against A. M. for the sum of (eighty-six) dollars, 
lawful money of the United States, and for (twelve) dollars and (fifty) 
cents, costs of suit, was recovered the day of ,18 , before me, at the 
suit of J. T.; these are therefore to command you to levy distress on the 
goods and chattels of the said A. M. (excepting as the law exempts), and 
make sale thereof according to law, in such case made and provided, to the 
amount of the said sum, together with twenty-five cents for this execution, 
and the same return to me within thirty days, to be rendered to the said 
J. T. for his said judgment and costs. Hereof fail not, under penalty oi 
the law. * W. D. D., Justice of V ne Peace, 


State of 
County of 

The state of 


F0BM8. 


283 


ENDORSEMENTS ON EXECUTION. 



RETURN OF EXECUTION. 

{Venue.) 

By virtue of the within execution, on this first day of October, 1887,1 have 
levied on one bay horse about seven years old, one single harness, and one 
single buggy, the property of the said A. M. G. W., Constable. 

constable’s sale. 

{Venue.) 

By virtue of an execution issued by E. M., justice of the peace, against 
the goods and chattels of A. M., I have seized and taken the following 
described property, to-wit: (describing it), which I shall expose for sale 
at public vendue to the highest bidder, on Tuesday, the eleventh day of 
October, 1887, at ten o’clock a. m. (in front of the postoffice), at , in 

said county. G. W., Constable. 

Dated Oct. 1,1887. 


FINAL RETURN. 

{Venue.) 

I hereby certify that, by virtue of the within execution, on the first day 
of October, 1887,1 levied on the goods and chattels in the annexed inven¬ 
tory named, the property of said A. M., and on the first day of October, 
1887,1 advertised the said property for sale by posting up in three public 
places in the election district where it was to be sold, to-wit, in the town 
of , three notices describing said property, and giving notice of the 

time and place, when and where the same would be exposed for sale; that 
at the time so appointed (naming it), I attended at the place mentioned in 
said notice (naming the place), and then and there exposed the said goods 
and chattels to sale at public vendue to the highest bidder; and sold the 
said horse to John Smith, for S76; the harness to Edward White, for $13.50; 
and the buggy to Samuel Jones, for $23.40, they being the highest bidders 
therefor; that I have retained $4.16, my fees and disbursements, from said 
amount, and have applied $86.40 in payment of the within execution, 
which is hereby returned fully satisfied. G. W., Constable. 

(Dated and signed.) * 

25 



















284 


APPENDIX. 


IL Oriminal Prosecutions. 


OATH TO COMPLAINANT. 

“ You do solemnly swear that you will ti’ue answers make to such 
questions as shall be put to you touching this complaint against R. F. So 
help you God.” 


CRIMINAL COMPLAINT. 

State of ,1 

County of , | 

The complaint of J. D., of said county, made before A. J. S., Esq., one 
of the justices of the peace in and for said county, who, being duly sworn, 
on his oath says, that on the day of > 18 , at the of , 

in said county, one R. F. did * threaten to beat (or wound, or maim, or as 
the case may be) him, the said J. D., and to do him great bodily harm; 
(or to burn his dwelling-house; or as the case may be); and that he has 
great cause for fear the said R. F. will beat, etc., (as above.) The said J. D., 
therefore, prays surety of the peace to be granted him against the said 
R. F., and this he does, not from any private malice or ill-will towards the 
said R. F., but simply because he is afraid, and has good cause to fear, that 
the said R. F. will beat, etc., (as above), against the form of the statute in 
such case made and provided, and against the peace and dignity of the 
state of Minnesota, * and prays that the said R. F. may be arrested and 
dealt with according to law. J. D. 

{Jurat.) A. J. S., Justice of the Peace. 


, WARRANT. 

State of ,1 

County of , j 

Tbe State of to the sheriff or any constable of said county: 

Whereas, J. D. has this day complained in writing to me, on oath, that 
R. F., on the day of > 18 , at in said countjq did (insert 

the statement of the offense, as in the complaint); and prayed that the 
said R. F. might be arrested and dealt with according to law; Now, there¬ 
fore, you are commanded forthwith to apprehend the said R. P\, and 
bring him before me, to be dealt with according* to law; and you are also 
commanded to summon A. B., O. I)., and E. F., material witnesses in said 
complaint, to appear and testify concerning the same. 

Given under my hand this day of , A. D. 18 

A. J. S., Justice of the Peace. 

RETURN ON AVARRANT. 

{Venue.) 

I hereby certify that by virtue of the within warrant I have arrested the 
within named defendant, and have him now before the court in custody. 
(Fees, etc.) (Dated.) J. N., Constable. 


RECOGNIZANCE. 

State of ,) 

County of , ( 

We, R. F., as principal, and J. B. and L. O., as sureties, of , in said 

county, acknowledge ourselves to owe and bo indebted unto the state of 


FORMS. 


285 


Minnesota in the sum of (two hundred) dollars, to be levied of our several 
goods and chattels, lands and tenements, to the use of said state, if default 
be made in the condition following, to-wit: 

The condition of this recognizance is such, that if the above bounden R. 
F. shall and does keep the peace, and be of good behavior, for the period 
of (three months) from the date hereof, towards all the people of this state, 
and particularly towards J. D., then this recognizance to be void; other¬ 
wise of force. R. F. 

J. B. 

Taken and acknowledged before me, etc. L. O. 

A. J. S., Justice of the Peace. 


;} 


ss. 


COMMITMENT. 

State of 

County of 

The State of to the sheriff or any constable, and to the keeper 

of the common jail of said county: 

Whereas, R. F. was, on the day of > 18 > brought before the 

undersigned, one of the justices of the peace in and for said county, 
charged, on the oath of J. D., with having, on the day of > 18 , 

at , in the said county (here state the offense as charged in the 

warrant), and upon examination of the said charge, it appearing to me 
that there is just cause to fear that such offense will be committed by the 
said R. F., he was ordered to enter into a recognizance, with sufficient 
sureties in the sum of (§200), to keep the peace toward all the people of thi& 
state, and especially toward the said J. D., for the term of (three) months; 
and the said R. F. having refused (or failed, or neglected,) to comply with 
such order: Now, therefore, you, the said constable, are commanded 
forthwith to convey and deliver into the custody of the said keeper the 
body of the said R. F., and you, the said keeper, are hereby commanded 
to receive the said R. F. into your custody in the said jail, and him there 
safely kept for the term of (three) months from the date hereof, or until 
he so recognizes as aforesaid, or until he shall thence be discharged by due 
course of law. 

Given under my hand this day of , A. D. 18 

J. P., Justice of the Peace. 


jailer’s RECEIPT. 

{Ve7iue.) 

I hereby certify that I have received into my custody the within named 
R. F., and have lodged him in the common jail of said county, as within 
commanded. Dated, etc. L. S. P., Sheriff, by G. S., Deputy. 


constable’s return. 

(Venue.) 

1 hereby certify that by virtue of the within warrant I have delivered the 
within named R. F. to the keeper of the common jail of the said county, 
as appears by his receipt indorsed hereon. 

Dated, etc. T. B., Constable. 

Fees, etc. 


286 


APPENDIX. 


HI. Miscellaneous. 

COMPLAINT FOR SEARCH WARRANT. 

(Follow form “Criminal Complaint” to the *, then say): Divers goods 
and chattels, viz.; (describing them particularly, and their value,) were 
feloniously stolen, taken and carried away; and that the said C. W. has 
good reason to believe, and does believe, that the said goods and chattels 
are concealed in the (dwelling-house) of one J. S., situated in the^(town) 
of , in said county (particularly describing the place), and that the 

grounds of his said belief are as follows: (here state the facts and cir¬ 
cumstances on which his belief is founded.) He, therefore, praj’S that 
a warrant may issue to make search for said goods and chattels in said 
(dwelling-house) of the said J. S., according to the statute in such case 
made and provided. C. W. 

{Jurat.) 


SEARCH WARRANT. 

(Use the general form of warrant, except in the concluding sentence say): 
Now, therefore, you are commanded forthwith to enter the (dwelling- 
house) of one J. S., situated, etc., (particularly describing the place), and 
there make search for the above described property (or, as the case may 
be); and if the same, or any part thereof, shall there be found, you are 
hereby commanded to bring the same, together with the person(s) in 
whose possession the same may be found, before me, to be dealt with 
■'ccording to law. 

Given under my hand, etc. A. J. S., Justice of the Peace. 


Prohate Court. 

PETITION FOR ADMISSION OF MHLL. 

State of ,) In Probate Court. 

County of / 

To the Judge of said Court; 

The petition of of said , respectfully represents that 

late of , deceased the day of , at , died 

restate, as petitioner believe ; that the instrument in writing herewith 
presented to this court, is the last will and testament of said deceased as 
petitioner believe ; and that the said petitioner the identical 
named and appointed in and by said last will and testament as 
executor thereof; that the heirs at law of said deceased are 

Your petitioner would further represent, that the goods, chattels and 
personal estate of said deceased amount to about dollars; and 

that the said deceased left debts due and unpaid to the probable amount 
of dollars. 

Your petitioner would pray that a day be appointed for hearing the 
proofs of said last will and testament, and that public notice thereof be 
given to all persons interested, as this court shall direct; and that upon the 
proof and allowance of said will, and the approval of the bond of your 


FOBMS. 


287 


petitioner , letters testamentary be to issued thereon, and apprais¬ 

ers and commissioners appointed, according to the rules and practices oi 
this court. 

Dated at , this day of , A. D. 18 . 


State of 
County of 

On this 


’} 


ss. 


day of 


A. D. 18 , before me personally appeared the 


above named and made oath that ha heard read the above 

and foregoing petition, subscribed by and know the contents thereof, 
and that the same is true of own knowledge, except as to the matters 
which are therein stated to be on information and belief, and as to 
those matters he believe it to be true. 


OKDER ADMITTING WILL. 

State of , 1 In Probate Court. 

County of J Term, 18 

In the matter of the estate of , deceased. 

Pursuant to an order of this court made in the above entitled matter, 
on the day of > 18 , the hearing of the proofs of that certain 

instrument bearing date the day of > 18 , purporting to be the 

last will and testament of , deceased, came on this day; and it 

appearing to the satisfaction of the court that the notice directed in the 
order aforesaid to be given, has been given; thereupon and , 

the subscribing witnesses to said instrument, were duly sworn and exam¬ 
ined on behalf of the proponent thereof, their testimony reduced to 
writing, subscribed by them, and filed. And it appearing to the court 
afterafuli hearing and examination of the testimony in said matter, 
that said died on the day of > 18 , testate, in the said 

county of ’ , and that he was at the time of his death a resident of 

said county, and left assets therein; that said instrument offered for 
probate as and for the last will and testament of said deceased, was duly 
executed as his last will and testament by said testator according to law; 
that said testator, at the time of executing the same, was of sound mind, 
of lawful age and under no restraint, and that the same is valid and 
genuine; and no adverse appearance or objection being made: 

Now, therefore, it is ordered, adjudged, and decreed, that said instrument 
be and hereby is established and allowed as the last will and testament of 
said , deceased, and that the same hereby is admitted to probate. 

Ordered, further, that said last will and testament, with a certificate of 
the probate thereof, be recorded. 

Judge of Probate. 

CERTIFICATE OF PROOF OF WILL. 

State of ,) In Probate Court. 

County of / 

In the matter of the estate of , deceased: 

Be it remembered, that on the day of the date hereof, at a term 

of said probate court, pursuant to notice duly given, the last will and 
testament of , late of said county of , deceased, bearing date 

the day of ,'^^f being the annexed written instrument, 


288 


APPENDIX. 


was duly proved before the probate court in and for the county of 
aforesaid; and was duly allowed and admitted to probate by said court 
according to law, as and for the last will and testament of said , 

deceased, which said last will and testament is recorded and the exam¬ 
ination taken thereon filed in this office. 

In testimony whereof, the judge of the probate court of said county hath 
hereunto set his hand and affixed the seal of the said court, at in 

said county, this day of , A. D. 18 

Judge of Probate. 


LETTEKS TESTAMENTARY. 


ss. 


State of 
County of 

The State of , to all to whom these presents shall come or may 

concern, and especially to of the county of and state of , 
greeting: 

Know ye, that whereas, late of the county of and state of , 
lately died testate, and being at the time of his decease a of said 

county, by means whereof the proving and recording his last will and 
testament, and granting administration of all and singular the goods, 
chattels, rights, credits and estate whereof he died possessed, and also the 
auditing, allowing and finally discharging the account thereof, is withiB 
the jurisdiction of the probate court of said county of 
And whereas, on the day of , A. D. 18 , at in said county, 

before the Hon. probate judge of said county, the last will and tes¬ 
tament of the said (a copy whereof is hereunto annexed) was proved, 

allowed and admitted to probate: And, whereas, , executor named 

and appointed in and by said last will and testament, ha given bond, as 
required by law, for the faithful execution of said trust, which said bond 
has been approved by said judge, and filed in the aforesaid probate court,* 
we therefoi'e, reposing full confidence in your integrity and ability, have 
granted and by these presents do grant the administration of all and sin¬ 
gular the goods, chattels, rights, credits and estate of the said deceased, 
and any way concerning his said last will and testament, unto you, the 
said executor aforesaid: Hereby authorizing and empowering you 
to take and have possession of all the real and personal estate of said de¬ 
ceased, and to receive the rents, issues and profits thereof, until said estate 
shall have been settled, or until delivered over by order of said court, to 
the heirs or devisees of said deceased; and to demand, collect, recover and 
receive all and singular, the debts, claims, demands, rights, and choses in 
action, which to the said deceased while living and at the time of his 
death did belong; and requiring you to keep in good tenantable repair, all 
houses, buildings and fences on said real estate, which may and shall be 
under your control, and in accordance with your bond approved and filed 
as aforesaid, to make and return into the probate court of said county 
of within three months, a true and perfect inventory of all the goods, 
chattels, rights, credits and estate of said deceased, which shall come to 
your possession or knowledge, or to the possession of any other person for 
you; to administer, according to law, and to said last will and testament, 
all the goods, chattels, rights, credits and estate of the said deceased, which 
shall at any time come to your possession or to the possession of any other 


FOJiMS, 


289 


person for you, and out of the same to pay and discharge all debts, legacies 
and charges chargeable on the same, or such dividends thereon as shall be 
ordered and decreed by said court; to render a just and true account of 
your administration to said court within one year, and at any other time 
when required by said court, and to perform all orders and decrees of said 
court, by you to be performed in the premises. 

In testimony whereof, we have caused the seal of our probate court to 
be hereunto affixed: Witness the lion. , judge of probate, at , 

in said county, this day of , A. D. 18 . 

Judge of Probate Court, 
County of , 


FOKM OF AVILL. 

I, (name of testator), of (residence), being of sound mind and memory, 
do hereby make, publish, and declare this to be my last will and testa¬ 
ment, hereby revoking and making void all former wills by me at any 
time heretofore made. 

First.—I order and direct my executors, as soon after my death as pos¬ 
sible, to pay off and discharge all debts and liabilities that may exist 
against me at the time of my decease. 

Second.—I give and bequeath unto my wife, (naming her, and specify¬ 
ing property bequeathed.) 

Third.—I give and bequeath unto my son, (naming him, and specifying 
property bequeathed.) 

And so on for each legacy. 

Fourth.—I hereby nominate and appoint (naming the person or persons) 
as the executors of this, my last W’ill and testament. 

In witness whereof, I have hereunto subscribed my name, this 
day of , A. D. Autograph signature of testator. 

The above and foregoing instrument was at the date thereof signed, 
sealed, published, and declared, by the said (name of testator), as and for 
bis last will and testament, in presence of us, who, at his request, and in 
his presence, and in the presence of each other, have subscribed our 
names as witnesses. 

Name , Residence. 

Name , Residence. 


For citations, pupils should watch the newspapers 
and make clippings. 


290 


APPENDIX. 


District Court. 


HABEAS CORPUS. 


State of 
County of 

The State of 


'I ss. 


District Court, 

Judicial District. 


to 


You are hereby commanded to have the body of , by you impris¬ 

oned and detained, as it is said, together with the time and cause of such 
imprisonment and detention, by whatsoever name the said shall 

oe called or charged, before the Honorable , judge of the district 

court, to do and receive what shall then and there be considered 

concerning the said . And have you then and there this writ. 

Witness the Honorable , judge of said district court, at in 

said county, this day of , A. D. 18 Clerk. 


State of 
County of 
The State of 
county of 
crime of 
The said 
in the county of 


INDICTMENT. 

’I ss. 

against 

, in the state of 
, committed as follows: 

, on the day of 
, and state of 


District Court, 

Judicial District. 

, accused by the grand jury of the 
, by this indictment of the 


, A. D. 18 , at the city of , 
, did, without the authority 
, contary to the form 


of law, and with malice aforethought, 
of the statute in such case made and jirovided, and against the peace and 
dignity of the slate of 

Dated at the city of , in the county of , and state 

of , this day of , A. D. 18 . 

A. L. n., Foreman of the Grand Jury. 
Names of witnesses examined before the grand jury: 

B. F. H., R. D. H., A. F. B., E. S., H. P. C., L. H. 


clerk of the district court 
that it is bona fide my 


NATURALIZATION PAPERS. 

{First Paper.) 

State of ,1 

County of j 

I, , do solemnly declare on oath to 

of the county of , and state of 

intention to become a citizen of the United States, and to renounce forever 
ali allegiance and fidelity to any foreign prince, potentate, state or sover¬ 
eignty whatever, and particularly to the sovereign of , whereof I 

was heretofore a citizen or subject. (Signed.) 

Subscribed and sworn to before me this day of , A. D. 18 

Clerk of said Court. 

State of , 1 

County of j 

1 hereby certify that the foregoing is a true copy of the original declara¬ 
tion of , this day filed in my office. 

In testimony whereof, 1 have hereunto subscribed my name and affixed 
the seal of the district court aforesaid, at , this day of , A. D. 18 

Clerk. 


FORMS. 


291 


(Second Paper.) 

State of ,} District Court, 

County of ) ° • Judicial District. 

Be it remembered, that on this day of , 18 , appeared 

in the district court of the judicial district of the State of 
and for the county aforesaid, the said court being' a court of record, having 
a common law jurisdiction and a clerk and seal, and applied to said court 
to be admitted to become a citizen of the United States of America, pursu¬ 
ant to the several acts of congress of the United States of America for that 
purpose made and provided ; and the said applicant having thereupon 
produced to the court such evidence, declaration and renunciation, and 
having taken such oaths as are by the said acts required : Thereupon it was 
ordered by the said court that the said applicant bo admitted, and he was 
accordingly admitted by the said court to be a citizen of the United States 
of America. 

In testimony whereof, I have hereunto subscribed my name and affixed 
the seal of the court aforesaid, this day of , A. D. 18 

Clerk of said Court. 


SATISFACTION OF JUDGMENT. 


’} 


ss. 


District Court, 

Judicial District. 


State of 
Countj^ of 

(Title of Cause.) 

The judgment in the above entitled action, rendered in countj’’, 

, on the day of , A. D. 18 , and duly docketed in the 
office of the clerk of the district court of said county, on the day of 


, A. D. 18 , for $ 


in favor of 


against 


is paid and 


satisfied in full; and the clerk of said court is hereby authorized to dis¬ 
charge said judgment of record. 

In testimony whereof, ha hereunto set hand and seai this 
day of , A. D. 18 . 


Signed, sealed and delivered in presence of 


’} 

day of 


} 


Seal. 

Seal. 

Seal. 


ss. 


State of 
County of 

On this day of , A. D. 18 , before me, the subscriber, a in 
and for said county, personally appeared to me known to be the 

person described in, and who executed the foregoing instrument, and ac¬ 
knowledged that he executed the same as free act and deed. 




1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

;}0 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 

41 

42 

43 

44 

45 

46 

a. 

b 

c, 

d, 


APPENDIX. 


B.—TABLES. 

Comparative Legislative 


STATE. 


Alabama ... 
Arkansas ... 
California .. 
Colorado ... 
Connecticut 
Delaware... 
Florida . ... 
Georgia .... 

Idaho. 

Illinois. 


Iowa. 

Kansas ... 
Kentucky 
Louisiana 


Maryland. 

Massachusetts 
Michigan.. .., 
Minnesota.... 


Mississippi. 

Missouri. 

Montana. 

Nebraska. 

Nevada. 

New Hampshire 

New Jersey. 

New York. 

North Carolina., 
North Dakota.., 


Jregon . 

Pennsylvania . 
lihode Island.. 
South Carolina 
South Dakota . 

rennessee. 

rexas. 

Utah. 

Vermont. 

Virginia. 

Washington ... 
West Virginia. 

Wisconsin. 

Wyoming. 

rerritories .... 


Legislature. 

Senate. 

Name. 

Houses. 

Number. 

Term. 

Age. 

Leg. 

S. & Il.t 

33 

4 

27 


S. & R. 

32 

4 

25 


S. & A. 

40 

4 

21 


S. & R. 

26 

4 

25 

Gen. A. d 

44 

24 

2 

21 

Leg. 

44 

9 

4 

27 


S. & A. 

32 

4 

21 

Gen. A. 

S. & R. 

44 

4 

25 

Leg. 

44 

18 

2 

21 

44 

44 

51 

4 

25 

44 

44 

50 

4 

25 

Gen. A. 

44 

50 

4 

25 

Leg. 

44 

40 

4 

21 

44 

44 

38 

4 

30 

Gen. A. 

44 

36 

4 

25 

Leg. 

44 

31 

2 

25 

Gen. A. 

S. & D. e 

26 

4 

25 

Gen. Ct. f 

S. & R. 

40 

1 

21 

Leg. 

44 

32 

2 

21 

44 

44 

t>3 

4 

21 

44 

44 

40 

4 

25 

Gen. A. 

44 

34 

4 

30 

Leg. A. 

44 

16 

4 

24 

Leg. 

44 

33 

2 

21 

44 

S. & Ass. 

20 

4 

21 

Gen. Ct. 

S. & R. 

24 

2 

30 

Leg. 

S. &Gen.A. 

21 

3 

30 

44 

S. & Ass. 

50 

2 

21 

Gen. A. 

S. & R. 

50 

o 

25 

Leg. A. 

44 

50 t 

4 

25 

Gen. A. 

44 

37 

2 

30 

Leg. A. 

44 

30 

4 

21 

Gen. A. 

44 

50 

4 

25 

44 

44 

36 

1 

21 

44 

44 

35 h 

4 

25 

Leg. 

44 

45 $ 

2 

25 

Gen. A. 

44 

33 

2 

30 

Leg. 

44 

31 

4 

26 

44 

44 

18 

4 

25 

Gen. A. 

44 

30 

2 

30 

44 

S. & D. e 

40 

4 

21 

Leg. 

S. & R. 

35 

4 

21 

44 

S. & D. 

24 

4 

21 

44 

S. & Ass. 

33 

4 

21 

44 

S. & R. 

16 

4 

25 

44 

Leg.C.&R. 

12 

O 

21 


“ One from each town.” 

No limitation. 

May be extended by special vote. 
General Assembly. 


e. House of Delegates. 

f. General Court. 

g. Two sess. annually, in May 

and Oct. 












































































TABLES. 


293 


Table 

OF 

THE 

States. 




House. 

Meeting. 

Salary. 

Number. 

Term. 

Age. 

Frequency. 

Duration. 

Begins. 

Same for each House, presiding 

Officer usually double. 

1 

100 

3 

21 

B. 

50 

Nov. 

$4 and 10c. mileage.* 

3 

93 

3 

31 

B. 

60 

Jan. 

|6 a day. 

3 

80 

3 

31 

B. 

60 


|8 and 10c. mileage, and $25. 

4 

49 

3 

35 

B. 

90 

bb 

$7 and 15c. mileage. 

5 

349 a 

3 

31 

B. 

.b 

4b 

$300 and mileage. 

6 

20 

3 

34 

B. 


4b 

$8 and mileage. 

7 

76 

2 

31 

B. 

66 

44 

$6 and 10c. mileage. 

8 

175 

3 

21 

A. 

50 c 

Oct. 

$4 and mileage. 

9 

36 

2 

31 

B. 

60 

Jan. 

$5 and 10c. mileage. 

10 

153 

3 

31 

B. 


44 

$5 and 10c. mileage, and $50. 

11 

100 

3 

21 - 

B. 

60 

44 

$6 and 20c. mileage. 

13 

100 

3 

21 

B. 


44 

$500 per term and 10c. mileage. 

13 

125 

3 

21 

B. 

50 

44 

$8 and 15c. mileage.* 

14 

100 

3 

34 

]?. 

60 c 

Dec. 

$5 and 1,5c. mileage. 

15 

98 

4 

21 

B. 

60 

May 

$4 and mileage. 

16 

151 

3 

21 

B. 


Jan. 

$1.50 a year and 30c. mileage. 

17 

91 

o 

21 

B. 

90 

44 

$5 and mileage.* 

18 

240 

1 

31 

A. 


44 

$7.50 a year and 20c. mileage. 

19 

100 

3 

21 

B. 


44 

$8 and 10c. mileage.* 

30 

119 

3 

31 

B. 

90 

44 

$5 and 15c. mileage. 

31 

120 

4 

21 

Q-.i 


44 

$400 per reg. sess. and 10c. mileage 

33 

140 

o 

24 

B. 

70 

44 

$5 and mileage, and $80. 

33 

55 

3 

21 

B. 

60 

4» 

$6 and 20c. mileage.* 

34 

100 

2 

31 

B. 

I'O 

44 

$5 and 10c. mileage.* 

35 

40 

2 

31 

B. 

60 

44 

$7 and 40c. mileage. 

26 

321 

O 

31 

B. 


44 

$200 per term. 

37 

60 

1 

31 

A. 


44 

$.500 a year.* 

38 

150 

1 

21 

A. 


44 

$1,500 and 10c. mileage.* 

29 

120 

o 

21 

B. 

60 

44 

$4 and 10c. mileage.* 

30 

1401 

3 

21 

B. 

60 

44 

$5 and 10c. mileage.* 

31 

110 


25 

B. 


44 

$600 and 12c. mileage. 

33 

60 

O 

21 

B. 

40 

44 

$8 and 1.5c. mileage.* 

33 

201 

o 

21 

B. 


44 

$1,500 and .5c. mileage, and $100. 

34 

72 a 

1 

21 

A.g 


May 

$1 and 8c. mileage.* 

35 

123 


23 

A. 


Jan. 

$4 and 10c. mileage. 

36 

135$ 


25 

B. 


44 

$5 and 10c. mileage.* 

37 

99 

3 

21 

B. 

75 

44 

$4 and 16c. mileage.* 

38 

106 

2 

31 

B. 

90 

44 

$5 and 20c. mileage.* 

39 

45 

3 

35 

B. 

60 

44 

$4 and 10c. mileage. 

40 

240 

3 

21 

B. 

• • • • • 

Oct. 

$8 a day. 

41 

100 

9 

21 

B. 

90 c 

Dec. 

$540 a year. 

43 

70 

3 

21 

B. 

60 

Jan. 

$5 and 10c. mileage.* 

43 

65 

3 

21 

B. 

45 c 

44 

$4 and 10c. mileage.* 

44 

100 

3 

21 

B. 


44 

$.500 and 10c. mileage.* 

45 

33 

O 

21 

B. 

40 

44 

$5 and 15c. mileage. 

46 

24 

2 

21 

B. 

60 

“ i 

$4 and 2()c. mileage. 


1), “One for each county.”—State Const, 
i. New Mexico in December. 

i Onadrcnnially in f>-eneral session, with sp. sess. mulway between. 

* State constitution. t Senate r.nd liouse <->i representatives. 

X “ Not more than.”—Constitution. 












































Comparative Executive Table of the States. 


294 


APPENDIX. 


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4, 3000 

2,1000 

2, 500 § 
None. 

4, 500 
None. 

2, $7.50 day. 

4,1000 

4, $8 day.§ 
2,1100 

2, $6 daj^ 

4, $10 day.§ 
4, $8 day. 
None. 
None. 

1, 2000 

2, 1200 

2, $10 daj'. 

4, 800 § 
4, $5 day.§ 

4, $12 day. 


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30, c, r 7 

30, c, r2 

30, c, r 2 

30, voter 

30, C12,c6$i 
C9, c3 

30, C 15, c 6 
30, c, r 2 

3(J, C5, c5 

30, C 5, rS 

30, C, r2 

35, C, r6 

C, r2 

30, C, r5 f 
30, clO, r5 
r7, Christian 
30, C5, r2 

25, C, r 1 

30, C20, r2 
35, C 10, r 7 

30, C, r2 

STATES. 

1 

Alabama. 

Arkansas. 

California. 

Colorado. 

Connecticut. 

Delaware. 

Fiorida. 

Georgia. 

Idaho . 

Illinois. 

Indiana.. 

Iowa. 

Kansas.. 

Kentucky. 

Louisiana. 

Maine. 

Maryland. 

Massachusetts. 

Michigan. 

Mirinesota.'. 

Mississippi. 

Missouri. 

Montana. . 





































































TABLES. 


295 


CO 


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01 


ot 

01 


o 

o 

01 


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Comparative Judicial Table of the States. 


296 


APPE^^BIX. 


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TABLES 


297 


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APPENDIX. 


2\)S 


Comparative 


States. 


Alabama.... 
Arkansas... 
California... 
Colorado.... 
Connecticut 
Delaware... 
Florida. 

Georgia. 

Idaho. 

Illinois. 

Indiana. 

Iowa. 

Kansas. 

Kentucky .. 
Louisiana... 

Maine. 

Maryland... 


Massachusetts... 

Michigan. 

Minnesota. 

Mississippi. 

Missouri. 

Montana. 

Nebraska. 

Nevada . 

New Hampshire. 

New Jersey. 

New York. 

North Carolina.. 
North Dakota ... 

Ohio. 

Oregon. 

Pennsylvania.... 
Rhode Island .... 

South Carolina ., 

South Dakota .., 

Tennessee. 

Texas. 

Utah.. 

Vermont. 

Virginia. 

Washington_ 

West Virginia.. 

Wisconsin. 

Wyoming .. .. 


a> 

be 


Requirement 
AS to 

Citizenship of U. 


S. 


21 

21 

21 

21 

21 

21 

21 

21 

21 

21 

21 

21 

21 

21 

21 

21 

21 


21 

21 

21 

21 

21 

21 

21 

21 

21 

21 

21 

21 

21 

21 

21 

21 

21 

21 

21 

21 

21 

21 

21 

21 

21 

21 

21 

21 


Citizens or declared intention 
Citizens or declared intention 

Actual citizens. 

Citizens or declared intention 

Actual citizens — *1. 

'Actual county taxpayers. 

United States citizens or de¬ 
clared intention. 

Actual citizens. 

Actual citizens. 

Actual citizens. 

Citizens or declared intention 

jActual citizens. 

Citizens or declared intention 

IFree white male citizens. 

Citizens or declared intention 

Actual citizens. 

Actual citizens. 


Resi¬ 
dence IN 
State. 

Resi¬ 
dence IN 
County. 

1 year. 

3 months.. 

1 year. 

6 months.. 

1 year. 

6 months.. 

90 days.... 

1 year. 

6 months.. 

1 year. 

1 month... 

1 year. 

6 months.. 

1 year. 

6 months 

6 months.. 

30 days.... 

1 year. 

90 days.... 

6 months.. 

60 days.... 

6 months., 
fi mont hs.. 

60 days.... 

2 years.... 

i year. 

1 year. 

»iinnths.. 

6 months.. 

1 year. 

6 months.. 


Actual citizens 


Citizens or declared intention 
Actual citizens for 3 months.. 

Actual citizens. 

Citizens or declared intention 


Actual citizens. 

Citizens or declai’ed intention 
Citizens or declared intention 

Actual citizens. 

Actual citizens. 

Actual citizens for 90 days.... 

Actual citizens. 

Cit. or dec. intent., or Indians 
2 yrs. out of tribal relations. 

Actual citizens. 

Citizens or declared intention 


Actual citizens. 

Actual tax-paying citizens 

Actual citizens. 


Citizens or declared intention 

Actual citizens. 

Citizens or declared intention 


1 year, 


3 months. 
1 year.... 
6 months. 
1 year .... 


1 year. 

0 months. 
6 months. 


1 year.... 

1 j'ear. 

12 months, 
1 year. 


1 year.... 
6 months. 


1 year, 
1 year, 


1 month. 
60 days.. 


30 days.., 


5 months. 
4 months. 
90 days.. 

6 months. 


1 year 


Actual citizens for 90 days. 

Actual citizens. 

Actual citizens. 


Actual citizens. 

Actual citizens. 

Citizens or declared intention 
Actual citizens. 


6 months.. 
12 months. 
I year. 


1 year. 

1 year. 

12 months. 


1 year 
1 year 
1 year 
1 year 


60 days... 

30 days.. 

6 months. 
6 months. 

4 months. 


90 days. 
60 days. 


60 days. 






























































































































TABLES. 


299 


Suffrage Table. 


Rksi- 

DKNCE IN 
\’OTING 

Pkecinct 


Registration. 


Excluded from Voting. 


1 month... 
1 month... 
30 days.... 


6 months.. 


30 days. 
30 days. 


80 days.... 
60 days.... 
30 days.... 


6 months.. 

10 days.... 
10 days... 


Town 6 ms 
30 days.... 
90 days.... 


Legislature may regulate_ 

Prohibited as a bar tosuff’ge 
Registrati’n required bylaw 
Required by constitution... 

Required by law. 

No registration required — 
Required by constitution... 

Log. may regulate, no act... 
Required by constitution ... 

Required by law. 

No law for registration. 

Required by law. 

Required in cities only. 

No registration required — 
r.egislature may regulate... 

Required by law. 

Required by constitution... 


Required by law. 

Required by law. 

Required by law. 

Required by constitution.... 
Required by constitution in 

cities only. 

Leg. may require. 

Required by law. 

Required by constitution.... 

Required by law. 

Required in cities of 10,000.. 
Required in cities of 10,000.. 
Required by constitution.... 


No registration required — 


2 months.. Required by constitution.... 
Town 6 ms Required by law. 


.Required by constitution.... 

10 days— I. 

.No registration required — 

6 months.. Prohibited by constitution.. 

60 days. 

Town 3 ms. Required bylaw. 

.Reciuired by law. 


30 days. 


Required by law. 

Prohibited by constitution.. 

Required by law. 

Required by constitution ... 


Idiots, Indians, convicted of crime. 
Idiots, Indians, convicted of crime, 
idiots, Indians, convicts, Chinese. 
Persons in prison. 

Those unable to read and convicts. 
Idiots, insane, paupers, criminals, 
j Idiots, insane, criminals, bettors 
\ on elections, duelists. 
Idiots,insane,crimin’ls,non-taxpay- 
Idiots,criminTs,polygamists. [ers. 
Convicts. 

Fraudulent voters and bribers. 
Idiots, insane, criminals. 

Idif)ls, insane, convicts, rebels. 
Bribery, robbery, forger 3 ', &c. 
idiots, in.sane. criminals. 

Paupers. Indians not taxed, 
tliunatics, convicts, and guilty of 
I bribeiT. 

(Paupers, persons under guard- 
^ ians, non-taxpayers and men 
( unable to read and write, 
Buelists. 

Idiots, insane, convicts. 

Idiots, insane, criminals. 

(Inmates of asylums, poorhouses, 
\ and prisons, U. .S. army. 

Insane. 

Idiots, convicts, U. >S. army, 
idiots, insane, convicts. 

Paupers. 

Paupers, idiots, insane, convicts. 
Election bettors or bribers, convicts. 
Convicts. 

Convicts, insane. 

Idiots, insane. 

( Idiots, insane, convicts, U. S. 
j army, Chinese. 

Non-taxpa 3 ^ers, political bribers. 

( Persons 3vithout property' to the 
1 value of §134. 

J Insane, inmates of asylums, alms- 
t houses,prisons,U.S.army,duel’ts 
Convicts, insane. 
iNon-pa 3 'ers of poll-tax. 

t Lunatics, idiots, paupers, con- 
I X victs, U. S. army. 

Idiots, criminals, 
liribers. 

j Lunatics, idiots, convicts, duelists, 
1 U. S. arm3'. 

Convicts, insane. 

Lunatics, paupers, convicts. 

Insane, idiot, convict, briber, bettor. 
Idiots, insane, criminals. [duelist. 





































































300 


APPENDIX. 


COMPAKATIVE LEGISLATIVE TaBLE OF 


NAMES OF 

NATIONS. 

Kind of 
Govt. 

Both Houses. 

M.—Monarchy. 

R. —Republic. 

S. —Single. 

F.—Federative. 
H.—Hereditary. 
E.—Elective. 

Name applied to 

the Legislative 

Body. 

1 

1 

1 

Names of the 

Houses. 

Meetings. 

Austria-Hungary — 

F. H. M. 

Delegations. 

Upper, 

^ A 




Lower. 


Austria. 

S. H. M. 

Diet or 

Herrenhaus, 




Reichsrath. 

Abgeordnetenhaus 


Hungary . 

S. H. M. 

Diet or 

Magnates, 

A \ 



Reichstag. 

Representatives. 

J 

Belgium. 

S. H. M. 

Legislative 

Senate, 

A 



Cham bei’S. 

Representatives. 


Denmark. 

S. H. M. 

Diet or Rigsdag 

Landsthing, 

A 




Folkething. 


France. 

S. R. 

Assembly. 

Senate, 

A 




Deputies. 


Germany. 

F. H. M. 


Bnnriesrflib, 

A 




Reichstag. 


Prussia. 

S. H. M. 

I.egislative 

Herrenhaus. 

A 



Chambers. 

Abgeordnetenhaus 


Great Britain. 

F. H. M. 

Parliament. 

Lords, 

A 




Commons. 


Italy.. 

S. H. M. 

Legislative 

Senate, 

A 



Chambers. 

Deputati. 


Netherlands. 

S. H. M. 

States-General. 

Upper, 

A 




Lower. 


Spain. 

S. H. M. 

Cortez. 

Senate, 

A 




Congress. 


Sweden. 

S. H. M.J 

Diet. 

Upper, 

A 




Lower. 


Norway. 

S. H. M. 

Storthing. 

Lagthing, 

A 




Odelsthing. 


Switzerland. 

F. R. 

Bundes-Ver- 

StanderatTi. 

A 



sammlung. 

Nationalrath. 


Argentina.. 

F. R. 

Congress. 

Senate, 

A 




Deputies. 


Colombia. 

F. R. 

Congress. 

Senate, 

A 




H. of R. 


Jlexico. 

F. R. 

Congress. 

Senate, 

A 




H. of R. 


Brazil. 

F. R. 

Legislative 

Senate, 

A 



Assembly. 

Congress. 



* The Chancellor is responsible only to the Emperor. The administration 
is throuKh the Bundesrath in seven standing committees. 

t These appointees must have held high office, or be eminent in science, 
literature or art, or pay annual taxes of at least S600. 








































TABLES, 


301 


Principal Constitutional Governments. 


Upper House. 


•o 

a> 

ai 

O 

ft 

a 

O 

o 

o 

K 


20 Austrians, 

20 Hungarians. 
Royal Princes, 
Nobles, 
Archbishops, 
Appointees. 

68 

66 

300 

59 

( Royal Princes, 

-I Hered. Nobles, 
(Appointees, etc 
(Hered. Nobles, 
Bishops, 

(Life Peers, etc. 

( Royal Princes, 

1 Appointees. 

39 

(Hered. Nobles, 
100 Life Sen. 
(l30 S. elected by 
137, one for 30,000. 

One-fourth of 

Storthing. 
44, 2 from each 
canton. 

28, 2 from each 
province. 

27, 3 from each 
state. 

54, 2 from each 
state. 

58 


d 

o 

•rH 

o 

OJ 


state 

Leg. 


People. 

f 12 ap., 
\ 54 el. 
f 75 for 
1225 for 
States. 


Sover¬ 

eign. 

Sover¬ 

eign. 

Sover¬ 

eign. 

By Divi¬ 
sions. 

Sover¬ 

eign. 

States. 


People 
indir’cty 
By can¬ 
tons. 
By prov¬ 
inces. 
By the 
states. 
State 
Leg. 
People 
indirect¬ 
ly. 


Lower House. 


Term. 

Qualifications. 

1 

How composed. 

Election. 

1 Term. 

Qualifications. 

Salaries. 



40 An stria,ns 

Stale 






40 Hunga’ns 

Leg. 




life 


353 

People 

6 


fl780,yr. 

life 


445 

a 

3 


8 

40, c, 

136, one for 

a 

4 

25,c,r 

f84, m’h 


r, P. 

40,000 inh. 





8 

25, r 

102 

a 

3 

2.5, r 

$4, day. 

life 

40, c 

557 

n 

4 

25, c 

$1780,yr. 

9 







1 


397 

u 

3 





433 

People 

3 

30, c 


life 



indi- 







rectly. 




life 


658 

People 

7 

21, c 

None. 

life 


508, one for 

U 

5 

30, V, 

None. 


40t 

40,000 inh. 



P. 


2 


86, one for 

U 

3 


$830, yr. 



45,000 inh. 






One for 

u 

5 

25 




50,000 inh. 





10 







9 

35, P 

64, town. 

u 

3 

21, P 




140, country. 





3 


^ of Storth- 

People 

3 




ing. 

indfr’y 




3 

Vot’r 

135, one for 

People 

3 

Vot’r 

$2.50, dy 



20,000 inh. 







50 

H 



$1040,yr. 



66, one for 


2 




50,000 inh. 





6 

30 

331, one for 


2 

25, r,8 




80,000 inh. 






40, N, 

122 

People 

4 

N, P 



P. 


indi- 







rectly. 





$ Sweden and Norway form a F. H. M. ^ ^ . 

In giving qualifications, N means native, and P means a property 

^ Greece has only one chamber in its legislature. Consult the Statesman’s 
Year-Book, or an encyclopedia. 































































302 


APPENDIX, 


Table of Rulers of Principal Nations, 1897. 


Governments. 


Ars-entina. 

Austria-Hungary. 

Belgium. 

Boliv'ia. 

lirazil. 

Bulgaria. 

dull. 

Cliina. 

Colombia (U. S. of)_ 

Denmark. 

Ecuador.. 

France. 

Germany. 

Baden . 

Bavaria. 

Hesse. 

M’ckrburg-Schwerin 

Mecklenb’rg-Strelitz. 

Oldenburg. 

Prussia. 

Saxony. 

Wurttemberg. 

Great Brit, and Ireland 

British India. 

Canada, Dominion of 

Greece. 

Guatemala... 

Haiti . 

Hawaiian Islands. 

Honduras. 

Italy. 

Japan . 

Korea. 

Mexico. 

Montenegro. 

Morocco. 

Netherlands. 

Nicaragua. 

Paraguay. 

Persia... 

Peru. 

Portugal. 

Rome (Pontificate of).. 

Roumania. 

Russia. 

Santo Domingo. 

Servia. 

Siam. 

South African Ilep’biic 

Spain. 

Sweden and Norway .. 

Switzerland. 

Turkey. 

Egyiit. 

United States. 

Uruguay. 

Venezuela. 


Rulers. 


Jose E. Uribui’u. 

Franz Josef I. 

Leopold II. 

General Alonzo. 

Prudente de Moraes.. 

Ferdinand I. 

Fed. Errazuriz. 

Tsait’ien. 

M. A. Caro. 

Christian IX. 

Gen. Eloy Alfaro. 

Francois F. Faure — 

Wilhelm II. 

Friedrich I. 

Otto I. 

Ernst Louis V. 

Friedrich Franz III.. 
Friedrich Wilhelm ... 
Nicholas F. Peter .... 

Wilhelm II..._.... 

Albert . 

Wilhelm II. 

Victoria I. 

Earl of Elgin. 

Earl of Aberdeen .... 

Georgios I. 

Gen. J. M. R. Barrios. 
Gen.Tiresias A.S. Sam 

Sanford B. Dole. 

Dr. P. Bonilla. 

Humbert I. 

Mutsu into. 

Li Hi. 

Porfirio Diaz. 

Nicholas I. 

Abdul Azziz. 

Wilhelmina. 

Gen. Santos Zelaya... 

Gen. Egusquiza. 

Mozaffer-ed-Din. 

Nicolas de Pierola.... 

Carlos I. 

Leo XIII. 

Carol I. 

Nicholas II. 

Ulises Heureaux. 

Alexander I. 

Chula Ion gkorn I. 

S. J. Paul Kruger_ 

Alfonso XIII. 

Oscar II. 

Adrien Lachenal. 

x\bdul-Hamid II. 

Abbas II. .. 

William McKinley ... 

Idiarte Borda. 

.Toaquin Crespo. 


Title. 

Year 

of 

Birth 

President . 


Emperor.... 

1830 

King. 

1835 

President... 


President... 

1841 

Prince. 

1861 

President... 

1850 

Em])eror.... 
President... 

1873 

King. 

1818 

President. . 

1843 

President... 

1841 

Emperor... 

18.59 

Grand Duke 

1836 

King. 

1848 

Grand Duke 

1868 

Grand Duke 

1851 

Grand Duke 

1819 

Grand Duke 

1837 

King. 

1859 

King_.... 

1838 

King. 

1848 

Queen. 

1819 

\^iceroy. 

1849 

Gov. Gen.... 

1847 

King ... ,.. 

1845 

Pre&ident... 
Pi’esident... 

1853 

President... 
President... 

1844 

King. 

1844 

Emvieror.... 

1853 

King. 

1851 

President... 

1830 

Prince. 

1841 

Sultan. 

1878 

Queen. 

1880 

President... 
President... 

1853 

Shah. 

Prosiilent... 

1853 

King. 

186;i 

Pope. 

1810 

King. 

1839 

Emperor.... 
Pi'csident... 

1868 

King. 

1876 

King. 

1853 

President... 

1835 

King. 

1886 

King. 

President. . 

1839 

Sultan. 

1843 

Khedive .... 

1874 

President... 

1843 

President... 

1844 

President... 

1841 


Date of 
Accession. 


Jan. 2^, ’95 
Dec. 2, ’48 
Doc. 10, ’65 
Aug. —, ’96 
Nov. 15, ’94 
July 7, ’87 
Sept. 18, ’96 
Jan. 13, ’75 
Sept. 18, ’94 
N o V. 15, ’63 

- ’97 

Jan. 17, ’95 
June 15, ’88 
Apr. 34, ’53 
J line 13, ’86 
JIar. 13, ’93 
Apr. 15, ’83 
Sejit. 6, ’60 
Feb. 37. ’ii;! 
June 15, ’88 
Oct. 39, ’73 
Oct. 6, ’91 

June 30, ’37 

- ’94 

Sept. —, ’93 
.Tune 5, ’63 
Mar. 15, ’93 

- ’96 

July 4, ’94 
Jan. 1, ’95 
Jan. 9, ’78 
Feb. 13, ’67 
- ’64 

Aug. 14,’k) 
June 7, ’94 
Xov. 33, ’90 
Feb. 1, ’94 
Nov. 35, ’94 
May 1, ’96 
Aug. 13, ’95 
Oct. 19, ’89 
Feb. 30, ’78 
IMar. 36, ’81 
Nov. 1, ’94 

- ’86 

Mar. 6, ’89 
Oct. 1, ’68 

Mavl3, ’93 
May 17, ’86 
Sept. 18, ’73 
Jan. 1, ’96 

Auir. 31, ’76 
Jan. 7, ’93 
Mar. 4, ’97 
Mar. 31, ’94 
Mar. 5, ’94 




















































































































































TABLES. 


303 


Presidents of the United States. 


Name. 


Birthplace. 


] 

'Z 

3 

4 

5 
G 

7 

8 
9 

10 

11 

12 

13 

14 

15 
IG 

17 

18 

19 

20 
21 
22 

23 

24 

25 


George Washington.. 

John Adams. 

Thomas Jetferson.... 

James Madison. 

James Monroe. 

John Quincy Adams. 

Andrew Jackson. 

-Martin Van Buren ... 
William H. Harrison. 

John Tyler. 

James K. Polk. 

Zachary Taylor. 

Millard Fillmore. 

Franklin Pierce . 

James Buchanan. 

Abraham Lincoln.... 
Andrew Johnson... . 

Ulysses S. Grant. 

Rutherford B. Hayes 

James A. Garfield_ 

Chester A. Arthur ... 
Grover Cleveland.... 
Benjamin Harrison.. 

Grover Cleveland. 

William McKinley_' 


Westmoreland Co., Va. 

Quincy, Mass. 

Shad well, Va. 

Port Conway, Va. 

Westmoreland Co., Va. 

Quincj'-, Mass. 

Union Co., N. C. 

Kinderhook, N. Y. 

Berkeley, Va. 

Green way, Va. 

Mecklenburg Co., N. C. 

Orange Co., Va. 

Summer Hill, N. Y. 

Hillsboro, N. H. 

Cov^e Gap, Pa. 

Larue Co., Ky. 

Raleigh, N. C. 

Point Pleasant, O.. .. 

Delaware, O .. 

Cuyahoga Co., O. 

Fairfield, Vt . 

Caldwell, N. J. 

North Bend,0. 

Caldwell, N, J. 

Niles, O. 


Year. 

Paternal 

Ancestry. 

Resi¬ 

dence. 

Year 

Inaug. 

1 

1732 

English . ... 

Va..’. 

1789 

173;5 

English. 

Mass. 

1797 

1743 

Welsh. 

\'a... 

1801 

1751 

English. 

Va... 

1809 

1758 

Scotch . 

Va... 

1817 

1767 

English. 

Mass. 

1825 

1767 

Scotch-lrish 

T’nn. 

1829 

1782 

Dutch. 

N. Y. 

1837 

1773 

English. 

0 .... 

1841 

1790 

English . 

Va... 

1841 

1795 

Scotch-lrish 

T’nn. 

1845 

1784 

English. 

La... 

1849 

1800 

English. 

N. Y. 

18.50 

1804 

English. 

N. H. 

18.53 

1791 

Scotch-lrish 

Pa... 

18.57 

1809 

English_ 

III... 

1861 

1808 

English. 

T’nn. 

1865 

l8.-t2 

Scotch . 

D. C. 

1869 

1822 

Scotch . 

0 .... 

1877 

1831 

English. 

O.... 

1881 

1830 

Scotch-lrish 

N. V. 

1881 

1837 

English. 

N. Y. 

1885 

1833 

English. 

Ind.. 

1889 

1837 

English_ 

N. Y. 

1893 

1843 

Scotch-lrish 

0 .... 

1897 


Vice-Presidents of the United States. 


Name. 


Birthplace. 




1 

2 

3 

4 

5 
G 

7 

8 

9i 

10 ' 

111 

12 

13' 

14 

15 

16 
17, 
18 

19 

20 
2l| 
22 

23 

24 


John Adams. 

Thomas Jefferson... 

Aaron Burr . 

George Clinton_ 

Elbridge Gerry. 

Daniel D. Tompkins. 
.John C. Calhoun ... 
Martin Van Buren... 
Richard M. Johnson. 

John Tyler. 

George M. Dallas — 

Millard Fillmore. 

William It. King . ... 
.John C. Breckinridge 
Hannibal Hamlin.... 

Andi’ew Johnson. 

Schuyler Colfax. 

Henry Wilson. 

William A. Wheeler. 
Chester A. Arthur ... 
Thomas A. Hendricks 

Levi P. Morton. 

Adlai E. Stevenson... 
Garret A. Hobart'.... 


Quincy, Mass..,. 

Shadwell, Va. 

Newark, N, J. 

Ulster Co., N. Y. 

Marblehead, Mass. 

Scarsdale, N. Y. 

Abbeville, S. C. 

Jiinderhook, N. Y. 

[Louisville, Ky. 

[Greenway, Va. 

Philadelphia, Pa. 

Summer Hill, N. Y. 

[Sampson Co., N. C. 

Lexington, Ky. 

Paris, Me. 

j Raleigh, N. C. 

[New Yoz'k City. 

[Farmington, N. H. 

[Malone, N. Y. 

[Fairfield, Vt. 

'Muskingum Co., O. 

Shoreham. Vt . 

Christian Co., Ky. 

Long Branch, N. J. 


[1735 
[1743 
,1756 
il739 
1744 
11774 
1782 
il782 
11780 
1790 
1792 
1800 
178G 
1821 
1809 
1808 

1823 
1812 
1819 
1830 
1819 

1824 
1835 
1844 


Paternal 

Ancestry. 

Resi¬ 

dence. 

Quali¬ 

fied. 

English. 

Mass. 

1789 

Welsh. 

Va... 

1797 

English. 

N. Y. 

1801 

English. 

N. Y. 

1805 

English. 

Mass. 

1813 

English. 

N. Y. 

1817 

Scotch-Iiish 

S.C.. 

1825 

Dutch. 

N. Y. 

1833 

Plnglish . . 

Ky... 

1837 

English. 

Va... 

1841 

English. 

Pa... 

1845 

English. 

N. Y. 

1849 

English. 

Ala.. 

18.53 

Scotch . 

Ky... 

1857 

English. 

Me... 

1861 

English. 

T’nn. 

1865 

English. 

Ind.. 

1869 

English. 

Mass. 

1873 

English . 

N. Y. 

1S77 

Scotch-lrish 

N. Y. 

1881 

Scotch-lrish Ind.. 

1885 

Scotch . 

N. Y. 

1889 

Scotch-lrish 

Ill ... 

1893 

English .... 

N. J. 

1897 







































































































































304 


APPENDIX. 


Presidents Pro Tempore of the United States Senate. 


Congress. 

Years. 

Name. 

State. 

Born. 

Died. 

1, 3 

1789-92 

John Lang'don. 

N. H... 

1739 

1819 

3 

1792 

Richard H. Lee. 

Va. 

1732 

1739 

1794 

1819 

2, 3 

1792-94 

John Langdon. 

N.H... 

3 

1794-95 

Ralph Izard. 

S.C.... 

1742 

1804 

3, 4 

1795-96 

Henry Tazewell. 

Va. 

1753 

1732 

1799 

1803 

4 

1796-97 

Samuel Livermore. 

N. H... 

4, 5 

1797 

William Bingham. 

Pa. 

1751 

1729 

1804 

5 

1797 

William Bradford. 

R. I.... 

1808 

5 

1797-98 

Jacob Read. 

S.C... 

1752 

1816 

5 

1798 

Theo. Sedgwick. 

Mass... 

1746 

1813 

5 

1798-99 

John Laurence. 

N. Y... 

1750 

1810 

5 

1799 

James Ross. 

Pa. . 

1762 

1732 

1847 

1803 

6 

1799-1800 

Samuel Livermore. 

N. H... 

6 

1800 

Uriah Tracy. 

Ct. 

1755 

1752 

1754 

1754 

1754 

1757 

1758 

1807 

1827 

1832 

1807 

1830 

1837 

1823 

6 

1800-1801 

John E. Howard. 

Md. 

6 

1801 

James Hillhouse. 

Ct. 

7 

1801-02 

Abraham Baldwin. 

Ga,. 

7 

1802-03 

Stephen R. Bradley. 

vt. 

8 

1803-04 

John Brown.. 

Kv. 

8 

1804-05 

Jesse Franklin. 

N." C... 

8 

1805 

Joseph Anderson. 

Tenn.. 

1757 

1837 

9, 10 

1805-08 

Samuel Smith. 

Md .... 

1752 

1839 

10 

1808-09 

Stephen R. Bradley... 

Vt. 

1754 

1830 

1818 

1835 

1826 

10, 11 

1809 

John Milledge... 

Ga. 

1757 

1755 

11 

1809-10 

Andrew Gi'egg. 

Pa. 

11 

1810-11 

John Gaillard't. 

S.C.... 

11, 12 

12, 13 

1811-12 

John Pope. 

Kv. 

iiio 

1772 

1750 

1845 

1834 

1821 

1812-13 

Wm. H. (Jrawford. 

ria. 

i3 

1813-14 

Jos. B. Varnum. 

Mass,.. 

13-15 

1814-18 

John Gail lard. 

S.C.... 

1826 

15, 16 

1818-19 

James Barbour. 

Va.... 

1775 

1842 

1826 

16-19 

1820-26 

.John Gaillard. 

S.C.... 

19, 20 

1826-28 

Nathaniel Macon. 

N. C. .. 

1757 

1837 

20-22 

1828-32 

Samuel Smith. 

Md .... 

1752 

1839 

22 

1832 

L. W. Tazewell . 

Va_ 

1774 

1860 

22, 23 

1832-34 

Hugh L. White. 

Tenn.. 

1773 

1840 

23 

1834-35 

Geo. Poindexter. 

Miss,.. 

1779 

1853 

24 

1835-36 

John Tyler. 

Va 

1790 

1786 

1862 

1853 

24-26 

1836-41 

William R. King. 

Ala.... 

26, 27 

1841-42 

Samuel L. Southard. 

N. J... 

1787 

1842 

27-29 

1842-46 

W. P. Man gum. 

N. C... 

1792 

1861 

29, 30 

1846-49 

D. R. Atchison. 

Mo_ 

1807 

1886 

31, 32 

1850-52 

William R. King. 

Ala.... 

1786 

ia53 

32, 33 

1852-54 

D. R. Atchison. 

Mo. 

1807 

1812 

1886 

1875 

33, 34 

1854-57 

Jesse D. Bright. 

Ind.... 

34 

1857 

James M. Mason. 

Va. 

1798 

1871 

a5, 36 

1857-61 

Benj. Fitzpatrick. 

Ala.... 

1802 

1869 

36-38 

1861-64 

Solomon Foot. 

Vt .... 

1802 

1809 

1866 

1891 

38 

1864-65 

Daniel Clark. 

N. H... 

39 

186.5-67 

Lafayette S. Foster. 

Ct. 

1806 

1800 

1880 

1878 

40 

1867-69 

Benj. F. Wade. 

Ohio .. 

41, 42 

1869-73 

Henry B. Anthony. 

R. I.... 

1815 

1884 

43 

1873-75 

M.H. Carpenter. 

Wis.... 

1824 

1881 

44, 45 

1875-79 

Thomas W. Ferry. 

Mich .. 

1827 

1896 

46 

1879-81 

A. G. Thurman. 

Ohio .. 

1813 

1895 

47 

47 

1881 

1881-83 

Thomas F. Bayard. 

Davdd Davis.. 

Del.... 
Ill. 

1828 

1815 

i886 

48 

49 

1883-85 

1885-87 

Geo. F. Edmunds. 

John Sherman. 

Vt. 

Ohio .. 

1828 

1823 

49-51 

1887-91 

John J. Ingalls. 

Kan ... 

1833 


52 

1891-93 

C. F. Manderson... 

Neb. .. 

1837 



1893-95 

Isham G. Harris.I 

Tenn.. 

1818 


54, 55 

1895-99 

William P. Frve. ( 

Me. 

1831 





































































































TABLES. 


305 


Speakeks of the U. S. House of Hepeesentatives. 


NGRESS. 

Years. 

1 

1789-91 

2 

1791-93 

3 

1793-95 

4, 5 

T795-99 

6 

1799-1801 

7-9 

1801-07 

10, 11 

1807-11 

12, 13 

1811-14 

13 

1814-15 

14-16 

1815-20 

16 

1820-21 

17 

1821-23 

18 

1823-25 

19 

1825-27 

20-23 

1827-34 

23 

1834-35 

24, 25 

1835-39 

26 

1839-41 

27 

1841-43 

28 

1843-45 

29 

1845-47 

30 

1847-49 

31 

1849-51 

32, 33 

1861-55 

34 

1856-57 

35 

1857-59 

36 

1860-61 

37 

1861-63 

38-40 

1863-69 

41-43 

1869-75 

44 

1875-76 

44-46 

1876-81 

47 

1881-83 

48-50 

1883-89 

51 

1889-91 

52, 53 

1891-95 

54, 55 

1895-99 


Name. 


F. A. Muhlenburg. 

Jonathan Trumbull. 

F. A. Muhlenburg. 

Jonathan Dayton. 

Theo. Sedgwick. 

Nathaniel Macon... 

Joseph B. Varnum. 

Henry Clay. 

Langdon Cheves. 

Henry Claj. 

John W. Taylor. 

Philip P. Barbour. 

Henry Clay. 

John W. Taylor. 

Andrew Stevenson. 

John Bell. 

James K. Polk. 

R. M. T. Hunter. 

John White. 

John W. Jones. 

John W. Davis. 

Robert C. Winthrop. 

Howell Cobb. 

Linn Boyd. 

Nathaniel P. Banks. 

James L. Orr. 

Wm. Pennington. 

Galusha A. Grow.. 

Schuyler Colfax. 

James G. Blaine. 

Michael C. Kerr. 

Samuel J. Randall. 

John W. Keifer. 

John G. Carlisle. 

Thomas B. Reed. 

Charles F. Crisp. 

Thomas B. Reed. 


State. 

Born. 

Died, 

Pa. 

1750 

1801 

Ct. 

1740 

1809 

Pa. 

1750 

1801 

N. J ... 

1760 

1824 

Mass... 

1746 

1813 

N. C ... 

1757 

1837 

Mass... 

1750 

1821 

Ky. 

1777 

1852 

S.C.... 

1776 

1857 

Ky. 

1777 

1852 

N. Y... 

1784 

1854 

Va. 

1783 

1841 

Ky. 

1777 

1852 

N. Y... 

1784 

1854 

Va. 

1784 

1857 

Tenn... 

1797 

1869 

Tenn... 

1795 

1849 

Va. 

1809 

1887 

Ky. 

1805 

1845 

Va. 

1805 

1848 

Ind.... 

1799 

1850 

Mass... 

1809 

1894 

Ga. 

1815 

1868 

Ky. 

1800 

1859 

Mass... 

1816 

1894 

S.C.... 

1822 

1873 

N. J. .. 

1796 

1862 

Pa. 

1823 


Ind.... 

1823 

i885 

Me. 

1830 

1893 

Ind.... 

1827 

1876 

Pa. 

1828 

1890 

0. 

1836 

• • • • 

Ky. 

1835 


Me. 

1839 

. « • • 

Ga. 

1845 

1896 

Me. 

1839 

.... 











































































APPENDIX, 


aoo 


Fkincipal United States Executive Officeks and 

Salaries. 


EXECUTIVE MANSION. 

Office. Salary. 

President of United States... .^50,000 


Vice President. 

DEPARTMENT OF STATE. 

Secretary of State. 

Assi.stant Secretary. 

Second Assistant Sec’y. 

Tliird Assistant Sec’y. 

Cl)ief Clerk. 

Chief of Diplomatic Bureau... 

Chiet of Consular Bureau. 

Chief of Indexes* Archive.s... 
Four other bureau officers. 

TREASURY DEPARTMENT. 


Secretary of the Treasury.. 

2 Assistant Seci'etaries. 

Chief Clerk of Department. 

Chief of Appointment Div. 

Chief of Warrant Division. 

Chief of Public Moneys Div 
Chief of Cu.stomH Division. 

Chief Mer.Mar.* Int. Rev.. 

Chief Loans & Currency Div. 

Chief Revenue Marine Div... 

Chief Stationery & Printing. 
Supervising Inspector-Gener¬ 
al of Steamboats. 

Director of the Mint. 

Chief of Bureau of Statistics.. 

Supt. of Life-Saving Service.. 
Cliairman Light-House Board 

5 u pe rV isi ng S urgeon-G e n e ral 
Chief of Bureau of Engraving 

and Printing. 

Supervising Architect. 

Supt. U. S. Coast Survey (Act¬ 
ing). 

2 Comptrollers. 

Commissioner of Customs. 

6 Auditors. 

Treasurer of the U. S. 

Register of the Treasury. 

Comptroller of the Currency.. 

Coin’r of Internal Revenue ... 

WAR DEPxVRTMENT. 

Secretary of War. 3^8,000 

Chief Clerk . 2.750 

A dj utant-Genei’al.. 5,.500 

Inspector-General. 5,-500 

Quartermaster-General. 5,.500 

Paymaster-General. 5,500 

Commissary-General. 5,500 

Surgeon-General. 5,5(X) 

Judge Advocate Gen. (Acting) 5,500 

Chief of Engineers. 5,500 

Chief Signal Officer. 5,.500 

Chief of Ordnance. 5,.500 

Officer in Charge War Records 3,-500 


8,000 

$ 8,000 

4.500 
3,-500 

3, -500 
2,7.50 
2,100 
2,100 
2,100 
2,100 

$ 8,000 

4, -500 
3,000 
2,750 

,000 

2,-500 

2,750 

2, -500 

3, -500 

2.500 

2.500 

3, -500 

4.500 
3,000 
4,000 

4,666 

4, -500 
4,500 

6,000 

5,000 

4,000 

3,600 

6,000 

4,000 

5,000 

6,000 


NAVY DEPARTMENT. 

Office. Salary. 

Secretary of the Navy. $8,oOO 

Chief Clerk. 2,-500 

Judge-Advocate General- 4,500 

Chief of Bureau of Yards and 

Docks. 5,000 

Chief of Bureau of Navigat ion 5,000 
Chief of Bureau of Ordnance.. 5,000 
Chief of Bureau of Provisions 

and Clothing. 5,000 

Chief of Bureau of Medicine 

and Surgery. 5,000 

Chief of Bureau of Equipment 

and Recruiting. 5,000 

Chief of Bureau of Construc¬ 
tion and Repair. 5,000 

Chief of Bureau of Steam En¬ 
gineering . 5,000 

Chief of Library and War Rec¬ 
ords . 3,000 

Pay Director. 3,000 

Supt. Naval Observatory. 5,000 

Supt. Nautical Almanac. 3,500 

POST-OFFICE DEPARTMENT. 

Postmaster-General. $8,000 

Chief Clerk. 2,200 

3 Ass’t Postmaster-Generals... 4,000 

Supt. of Foreign JNIails. 3,000 

Supt. of Money Order System 3,500 
Asst. Attorney-General for 
Post-Office Department. 4,000 

DEPARTMENT OF THE INTERIOR. 

Secretary of the Interior. $8,000 

First Assistant Secretary. 4,500 

Assistant Secretary. 4,000 

Chief Clerk & Superintendent 2,750 
Assistant Attorney-General... 5,000 

Com’r General Land Office_ 4,000 

Com’r Pension Office. 5,000 

Com’r of Indian Affairs. 4,000 

Commi.ssioner Patent Office... 5,000 

Assistant Commissioner. 3,000 

3 Examiners-in-Chief. 3,000 

.30 Principal Examiners, each.. 2,400 
Commissioner of Education.. 3,(X)0 
Director Geological Survey.... 6,000 

Commissioner of Labor. 3,000 

Commissioner of Railroads... 4,500 
3 Civil Service Com’rs, each.... 3,500 

DEPARTMENT OF JUSTICE. 

Attorney-General.$8,000 

Solicitor-General. 7,000 

Two Asst. Attorney-Generals.. 5,000 

DEPARTMENT OF AGRICULTURE. 

Secretary of Agriculture.$8,000 

Entomologist. 2,500 

Botanist. 2,000 

Chemist. 2,500 

Microscopist.. 2,000 


Note.—F or appointees consult any political almanac of this year. 




































































TABLES. 


307 


United States Judicial Uepaetment. 


SUPREME COURT OF THE UNITED STATES. 

The court holds annual sessions at Washington, commencing on the 
second Monday in October. 

Appointed Date of 

from Commis’n. Salary. 

Chief Justice, Melville W. Fuller.Illinois.July 20,1888. .$10,5(X) 

Justice Stei)hen J. Field.California.Mar. 10, 1803.. 10,000 

Justice John M. Harlan.Kentucky.Nov.29,187T.. 10,0 tl 

Justice Horace Gray. .Massachusetts_Dec. 20,1881.. 10,000 

Justice David J. Brewer.Kansas .Dec. 18, 18“9.. lu,0iJ0 

Justice Henry B. Brown.Michigan.Dec. 30, 1890.. 10,000 

Justice GeorgeShiras.Pennsylvania.... Oct. —, 189r3.. 10,000 

.Justice Edward 1). White.Louisiana.Feb.—, 1894.. 10,000 

Justice Uufus W. Peckhara.iNew York.Dec.—,1895.. 10,0(K) 

Siipreme^Court }■ McKenny.Dist. of Columbia 1880.. 6,000 

Marshal—John M. Wright.Kentucky.Jan. 4,1888.. 3,000 

Reporter—J. C. Bancroft Davis.New York. 18^.. 5,700 

CIRCUIT COURTS OF THE UNITED STATES. 

(Salary of Circuit Judges, S8,000 a year.) 

Firxt Judicial Cii’cuit.—Mr. Justice Gray, Boston, Mass. 

Districts of Maine, New Hampshire, Massachusetts, and Rhode Island. 
Circuit Judges—Le Baron B. Colt, R. I. 1884. 

Wm. L. Putnam, Me. 1892. 

Second Judicial Circuit.—M. y. Justice Peckham, New York City. 

Districts of Vermont, Connecticut, and New York. 

Circuit Judges—Wm. J. Wallace, N. Y. 1882. 

E. Henry Lacombe, N. Y. 1888. 

Nathaniel Shipman, Ct. 1892. 

Third Judicial Circuit—Mr. Justice Shiras, Pittsburgh, Pa. 

Districts of New Jersey, Pennsylvania, and Delaware. 

Circuit Judges—Marcus W, Acheson, Pa. 1891. 

Geo. M. Dallas, Pa. 1892. 

Fourth Judicial Circuit.—Mr. Chief Justice Fuller, Washington, D. C. 
Districts of Maryland, Virginia, West Virginia, North and South Carolina. 
Circuit Judges—Nathan Goff, W. Va. 1892. 

Charles II. Simonton, S. C. 1893. 

Fifth Judicial Circuit.—Mr. Justice White, New Orleans, La. 
districts of Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas. 
Circuit Judges—Don A. Pardee, La. 1881. 

A. P. McCormick, Tex. 1892. 

Sixth Judicial Circ^^it.—Mr. Justice Harlan, Nashville, Tenn. 

Districts of Ohio. Michigan, Kentucky, and Tennessee. 

Circuit Judges—William H. Taft, Ohio. 1892. 

Horace H. Lui’ton, Tenn. 1893. 

Seventh Judicial Circuit—Mr. Justice Brown, Chicago, Ill. 

Districts of Indiana, Illinois, and Wisconsin. 

Circuit Judges—William A. Woods, Ind. 1892. 

James G. Jenkins, Wis. 1893. 

Eiahih Judicial Ci 7 'cuit—Mr. Justice Brewer, Leavenworth, Kan. 

Districts of Minnesota, Iowa, Missouri, Kansas, Arkansas, Nebraska, 
Colorado, North and South Dakota, Wyoming. 

Circuit Judges—Henry C. Caldwell, Ark. 1890. 

Walter H. Sanborn, Minn. 1893. 

Amos M. Thayer, Mo. 1892. 

Kinth Judicial Circuit—Mr. Justice Field, San Francisco, Cal. 

Districts of California, Oregon, Washington, Idaho, Nevada, and Montana. 
Circuit Judges—Joseph McKenna, Cal. 1892. 

William B. Gilbert, Ore. 18.92. 






















308 


APPENDIX. 


JUDGES OF THE UNITED STATES DISTRICT COURTS. 

(Salary, $5,000 a year,) 


Districts. 


Alabama: 

N. Mobile District.. 

Southern “ 
Arkansas: 

Eastern District.... 

Western “ 
California: 

Northern District.. 

Southern “ 

Colorado. 

Connecticut. 

Delaware. 

Florida: 

Northern District.. 

Southern “ 
Georgia: 

Northern District.. 

Southern “ 

Idaho . 

Illinois: 

Northern District.. 

Southern “ 

Indiana. 

Iowa: 

Northern District.. 

Southern “ 

Kansas. 

Kentucky. 

Louisiana: 

Eastern District.... 

Western “ 

Maine. 

Maryland. 

Massachusetts. 

Michigan : 

Eastern District.... 

Western “ 

Minnesota. 

Mississippi 

(Two Districts). 

Missouri: 

Eastern District.... 

Western “ 

Montana. 

Nebraska. 

Nevada . 

New Hampshire. 

New Jersey. 

New York: 

Northern District.. 

Southern “ 

Eastern “ 
North Carolina: 

Eastern District.... 

Western “ 

North Dakota. 


Name. 


John Bruce. 

Harry T. Toulmin. 

John A. Williams. 

, John H. Rodgers. 

W. W. Morrow. 

Olin Wellborn. 

Moses Hallett. 

W. K. Townsend. 

'• Leonard E. Wales. 

Charles Swayne . __ 

James W. Locke. 

William T. Newman... 

Emory Speer. 

J. H. Beatty. 

P. S. Grosscup. 

William J. Allen. 

John H. Baker. 

Oliver P. Shiras. 

John S. Woolson. 

Cassius G. Foster. 

John W. Barr. 

Charles Parlange. 

Aleck Boarman. 

Nathan Webb. 

Thomas J. Morris. 

Thomas L. Nelson. 

Henry H. Swan. 

Henry F. Severens_ 

WiUiam Lochren. 

Henry C. Niles. 

Elmer E. Adams. 

John F. Phillips. 

Henry Knowles. 

W. D. M. Hugh. 

T. P. Hawley. 

Edgar Aldrich. 

A. Kirkpati’ick. 

Alfred C. Coxe. 

Addison Brown. 

Charles L. Benedict.... 


Robert P. Dick 
C. F. Amidon... 


Residence. 

Date of 
Commission 

Montgomery ... 
Mobile. 

Feb. 37,1875 
Dec. 14,1886 

18Q0 


Fort Smith. 


San Francisco... 


Los Ang'eles. ... 


Denver. 

Jan. 2(), i877 
189*’ 

New Haven.... 
Wilmington .... 

Jacksonville.... 

Mar. 20,1884 

Key West. 

Feb. 1,1873 

Aug. 13,1886 
Feb. 18,1885 
1890 

Atlanta.. 

Savannah. 

Hnilpv 

Chicago. 


Springfield. 

rj-nsTipn 

April 18,1887 
1892 

Dubuque. 

Aug. 14,1883 

Keokuk. 

Topeka . 

Mar. 10,1874 
April 16,1880 

Louisville. 

New Orleans.... 

Shreveport. 

Portland. 

May 18,1881 
Jan. 24,1883 
July 1,1879 
Jan. 10,1879 

1890 

Baltimore. 

Worcester. 

Oplmif 

Kalamazoo. 

Minneapolis. 

Jackson . 

May 35, 1886 

■ ICJO 

Sh T.nnia 

1896 


1888 

TTplpnn 

1889 

Omaha. 


Carson City. 


Littleton.. 


Trenton. 


Utica. 

May 4,1883 
June 2,1881 
Mar. 9,1865 

New York City. 
Brooklyn. 


Greensboro. 

Fargo. 

June 7,1873 
-1896 



















































































































TABLES. 


309 


JUDGES OF THE UNITED STATES DISTRICT COURTS.— 

Continued. 


Districts. 


Name. 


Residence. 


Date oe 
Commission 


Ohio: 

Northern District.. 

Southern “ 

Oregon. 

Pennsylvania .* 

Eastern District.... 

Western “ 

Rhode Island. 

South Carolina. 

South Dakota. 

Tennessee: 

East. «& Mid. Dist... 

Western District.... 
Texas: 

Eastern District ... 

Western “ .... 

Northern “ .... 

Utah. 

Vermont. 

Virginia : 

Eastern District.... 

Western “ 

Washington. 

West Virginia. 

Wisconsin: 

Eastern District.... 

Western “ 
Wyoming. 


A. J. Ricks. 

George R. Sage. 

C. B. Bellinger. 

William Butler. 

J. Buffinaton.. 

Arthur L. Brown. 

W. H. Brawley. 

John E. Carland. 

C. D. Clark. 

Eli S. Hammond. 

D. E. Bryant . 

Thos. S. Maxey__ 

John B. Rector. 

John A. Marshall. 

Hoyt H. Wheeler. 

Robert W. Hughes. 

John Paul. 

C. H. Hanford. 

John J. Jackson, Jr — 

W. H. Seaman. 

Romanzo E. Bunn. 

John A. Riner. 


Cleveland. 


Cincinnati. 

Mar. 20, 1883 

Portland. 

Philadelphia.. . 

Pittsburgh. 

Providence. 

Feb. 19,1879 
1891 


Charleston. 

Sinnx Falls.. .. 

1893 


Chattanooga.... 


Memphis. 

June 17,1878 

Sherman. 


1888 

Dallas. 


Salt Lake City.. 


Jamaica. 

Norfolk. 

Mar. 16,1877 

Jan. 14,1874 
Mar. 3,1883 
1889 

Harrisonburg .. 

SAQf.t.lp 

Parkersburg.... 

Sheboygan. 

Madison. 

Aug. 3,1861 

iQno 

loVO 

Oct. 30,1817 
1890 

Cheyenne. 


Corresponding Officers of U. S. Army and Xavy. 


Fiedd Oeeicers : 

1 General, S13i500. 

2 Lieutenant General, $11,000. 

3 Major Generals, $7,.W0. 

4 Brigadier Generals, $5,500. 


Fleet Officers: 

1 Admiral, $13,000. 

2 Vice-Admiral, $9,000. 

3 Rear Admirals, $6,000. 

4 Commodores, $5,O0o. 


Regimental Officers: 


5 Colonels, $3,.500 to $4,500. 

6 Lieutenant Colonels, $3,000 

$4,000. 

7 Majors, $2,500 to $3,500. 


to 


Ship Officers: 

5 Captains, $4,500. 

6 Commanders, $3,500. 

7 Lieutenant Commanders, $2,800. 


Company Officers: 

8 Captains, $1,800 to $2,800. 

9 First Lieutenants, $1,500 to $2,240. 
10 Second Lieutenants, $1,400 to 

$ 2 , 100 . 


Subordinate Ship Officers: 

8 Lieutenants, $2,400 to $2,600. 

9 Masters, $1,800 to $2,000. 

10 Ensigns, $1,200 to $1,400. 


For names of officers, see Political Almanac. 







































































310 


APPENDIX. 

Justices of the United States Supreme Court. 


(Names of the Chief Justices in italics.) 


Name. 

Service. 

Born. 

Died. 

Term. 

Y ears. 

John Jai), N. Y. 

1789-1795 

6 

1745 

1829 

John Rutledge, S. C. 

1789-1791 

2 

1739 

1800 

Wihiain Cushinsi:, Mass. 

17S9-18iO 

21 

1733 

1810 

James Wilson, Pa. 

1789-1798 

9 

1742 

1798 

John Blair, Va.. 

1789-1796 

7 

1732 

1800 

Robert H. Harrison, Md... 

1789-1790 

1 

1745 

1790 

James Iredell, N. C. 

1790-1799 

9 

1751 

1799 

Thomas Johnson, Md. 

1791-1793 

2 

1732 

1819 

W illiam Paterson, N. J. 

1793-1800 

13 

1745 

1806 

John Rutledqe, S. C. 

179-)-1795 

, , 

17:39 

1800 

Samuel Chase, Md. 

1796-1811 

15 

1741 

1811 

Oliver Ellsivorth, Ct. 

1796 1800 

5 

1745 

1807 

Bushrod Washing'ton, Va. 

1798-1829 

31 

1762 

1829 

Alfred Moore, N. C. 

1799-1804 

5 

1755 

1810 

John Marshall, Va. 

1801-18a5 

34 

17r>5 

1835 

William Johnson, 8. C. 

1804-18:54 

30 

1771 

1834 

Brock. Livin>?st()n, N. Y. 

1806-1823 

17 

1757 

1823 

Thomas Todd, Ky . 

1807-1826 

19 

1765 

1826 

Joseph Story, Mass. 

1811-1845 

34 

1779 

1845 

Gabriel Duval, Md. 

1811-1836 

25 

1752 

1844 

Smith Thompson, N. Y. 

1823-1843 

20 

1767 

1843 

Robert Trimble, Ky. 

1826-1828 

2 

1777 

1828 

John McLean, Ohio. 

1829-1861 

32 

1785 

1861 

Henry Baldwin, Pa. 

James M. Wayne, Ga. 

1830-1844 

16 

1779 

1844 

1835-1867 

32 

1790 

1867 

Roger B. Tan'eri, Md. 

1836-1864 

28 

1777 

1864 

Philip P. Barbour, Va. 

1836-1841 

5 

1783 

1841 

Johri Catron, Tenn. 

John McKinley, Ala. 

1837-1865 

28 

1786 

1865 

1837-1852 

15 

1780 

1852 

Peter V. Dnniel, Va. 

1841-1860 

19 

1785 

1860 

Samuel Nelson, N. Y. 

1845-1872 

27 

1792 

1873 

Levi Woodbury, N. H. 

1845-1851 

6 

1789 

1851 

Robert C, Grier, Pa. 

1846-1870 

23 

1794 

1870 

Benj. R. Curtis, Mass. 

1851-18.57 

0 

1809 

1874 

1889 

John A. Campbell, Ala . 

18.53-1861 

8 

1811 

Nathan Clifford, Maine. 

18.58-1881 

23 

1803 

1881 

Noah H. Swayne, Ohio. 

1861-1881 

20 

1804 

1884 

Samuel P. Miller, Iowa. 

1862-1890 

28 

1816 

1890 

David Davis, Ill. 

1862-1877 

15 

1815 

1885 

Stephen J. Field, Cal. 

186:5-.... 

, , 

1816 


Salmon P. Chase, Ohio. 

1864-1873 

9 

1808 

1873 

William Strong’, Pa. 

1870-1880 

10 

1808 

Joseph P. Bradley, N. J. 

1870-1892 

22 

1813 

1892 

Ward Hunt, N. Y. 

1872-1882 

10 

1811 

18vS6 

Morrison R. Waite, Ohio. 

1874-1888 

14 

1816 

1888 

.Tohn M. Harlan, Ky. 

1877-.... 


18:33 

William B. Woods. Ga. 

1880-1887 

7 

1824 

i887 

Stanley Matthews, Ohio. 

1881-1889 

8 

1824 

1889 

Horace Grav, Mass. 

Samuel Blatchford, N. Y. 

1881-.... 


1828 

1882-1893 

11 

18.20 

1893 

Lucius Q. C. Lainar, Miss. 

Melville W. Fuller. Ill. 

David J. Brewer, Kan. 

Henry B Brown, Mich. 

1888- 1893 

1888-.... 

1889- .... 

1890- .... 

5 

1825 

1833 

1837 

1836 

1893 

Geoi’f^e Shiras, Jr., Pa. 

1892-.... 


1832 


Howell E, Jackson, Tenn. 

Edward 1). White. La. 

1893-1895 

1893-.... 

2 

1832 

1845 

1895 

Rufus W. Peckham. 

1895-.... 

• • 

1837 

.... 













































































TABLES. 


311 


United States Military Academy at West Point. 

Each Congressional District and Territory—also the District of Columbia 
—is entitled to have one cadet at the Academy. There are also ten appoint¬ 
ments at large, specially coui'erred by the President of the United States. 
The number of students is thus limited to three hundred and seventy-one. 

Appointments are usually made one year in advance of date of admission, 
by the Secretary of War, upon the nomination of the Representative. These 
nominations may either be made after competitive examinations oi- g-iven 
direct, at the option of the Representative. Appointees to the Military 
Academy naust be between seventeen and twenty-two years of age, free 
from any infirmity whicl\ may render them unfit for military service, and 
able to pass a careful examination in reading, writing, orthography, arith¬ 
metic, grammar, geography, and history of the United States. 

The course of insti'uction, Avhich is quite thorough, requires four years, 
and ts largely mathematical and professional. About one-fourth of those 
ai^pointed usually fail to pass the preliminary examination, and but little 
over one-half the remainder are finally graduated. The discipline is very 
strict—even more so than in the army—and the enforcement of penalties for 
offences is inflexible rather than severe. Academic duties begin September 
1 and continue until June 1. Examinations are held in each January and 
June. 

From about the middle of June to the end of August cadets live in camp, 
engaged only in military dutiesand receivingpractical military instruction. 
Cadets are allowed but one leave of absence during the four years’ course, 
and this is granted at the expiration of the first two years. The pay of a 
cadet is five hundred and forty dollars per year. Upon graduating, cadets 
are commissioned as second lieutenants in the United States Army. 

The A cademy was established by act of Congress in 1803. An annual Board 
of Visitors is appointed, seven being appointed by the President of the 
United States, two by the President of the Senate, and three by the Speaker 
of the House of Representatives. They visit the Academy in June, and are 
present at the concluding exercises of the graduating class of that year. 


United States Uayal Academy at Annapolis. 

There are allowed at the Academy one naval cadet for each Member or 
Delegate of the United States House of Representatives, one for the District 
of Columbia, and ten at large. The appointment of cadets at large and for 
th(» District of Columbia is made by the President. The Secretary of the 
Navy, as soon after March 5 in each year as possible, must notify in writing 
ea(‘h Member and Delegate of the House of Representat ives of any vacancy 
that may exist in his district. The nomination of a candidate to fill the va¬ 
cancy is made, on the recommendation of the Member or Delegate, by the 
Seci-etary. Candidates must be actual residents of the districts from which 
they are nominated. 

The course of naval cadets is six years, the last two of which are spent at 
sea. Candidates at the time of their examination for admission must be not 
under fifteen nor over twenty years of age, and physically sound, well 
formed, and of robust condition. They enter the Academy immediately 
after passing the prescribed examinations, and are required to sign articles 
binding themselves to serve in the United States Navy eight years (includ¬ 
ing the time of probation at the Naval Academy), unless sooner discharged. 
The pay of a naval cadet is five hundred dollars a year, beginning at the date 
of arimission. 

At least ten appointments from among the graduates are made each year. 
Surplus graduates who do not receive appointments are given a certificate 
of araduiition, an honorable discharge, and one year’s sea pay. 

The Academy was founded in 1845 by the Hon. George Bancroft, Secretary 
of the Navy in the administration of President Polk. It wasformally opened 
October 10 of that year, with Commander Franklin Buchanan as Superin¬ 
tendent. During the Civil War it was removed from Annapolis, Md., to 
Newport, R. I., but whs returned to the former place in 1865. It is under the 
direct supervision of the Bureau of Navigation, Navy Department. 


Representation in Congress for each Decade with Ratios. 


312 


APPENDIX. 


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ratios. 

(♦Admitted 
after ratio was 
fixed.) 

states. 

Alabama . 

A rlcnnsnsc. 

i! 

5 it- 

L 

1 

£ 

c 

c. 

Connecticut.... 
Delaware . 

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Georgia . 

THnVirs . 

Illinois. 

Indiana. 

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Kentucky. 

Louisiana. 

Maine. 




























































TABLES. 


313 




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Maryland . 

Massachusetts.. 
Michiaran . 

Minnesota . 

Mississippi . 

Missouri . 

Montana . 

Nebraska . 

Nevada . 

New Hampshire 

New Jersey . 

New York . 

North Carolina. 
North Dakota.. 

Ohio . 

Oregon . 

c: ' ----- 

Pennsylvania. .. 
Rhode Island... 
South Carolina. 
South Dakota . . 

Tennessee . 

Texas . 

Utah .. 

Vei’mont . 

Virginia . 

WnshinQ'ton ... 

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TABULAR VIEW OF THE STATte 


OFFICERS. 

Crea¬ 

ted. 

NO. 

DUTIES. 

How Chosen. 

Senators, 

1 

^ • 

63 

* 

Try Impeachments, Confirm 
Appointments. 

IMake 

By the People 


73 O 


Laws 

in Senatorial 

Representatives, 

o 

Q 

119 

Impeach, Originate Revenue 
Bills. J 

Districts. 

Governor, 


1 

Execute Laws, Veto, Appointments, 
Pardons. 







By the 

Lieutenant-Governor, 

d 

o 

1 

Preside over Senate, Act as Govern¬ 
or in Vacancy. 

People 

State Auditor, 

S-) 

1 

Book-Keeper, Examine Accounts, 

of the 

73 

1 

Warrants, Land Commissioner. 



o 




State 

State Treasurer, 

o 

2 

1 

Act as Custodian of State Funds. 

on a 

Secretary of State, 



Keep State Papers and Great 

Seal, 

General 

w 

1 

Manual, Public Printing 


Ticket. 


Attorney General, 



Represent State in Suits, Legal Ad- 



i 

vice to other State Officers. 


State Supt. Pub. Inst. 



Act as Chief Educational Officer, Sec- 



i 

retary of Educational Boards. 


Public Examiner, 


1 

Inspect Books, &c., of State and 
County Financial Officers. 







Appointed 

State Librarian, 

6 

-f-? 

1 

Take care of State Library. 


by the 

R. R. Commissioners, 

c3 

(/2 

3 

Regulate Railroads and Warehouses. 
Appoint Grain Inspectors. 

Governor 






and 

Insurance Commissioner, 

dJ 

G 

c3 

1 

Authorize Operation of Insurance 
Companies. 

Confirmed 

State Oil Inspector, 

c3 

u 

1 

Render the Use of Illuminating Oils 
Safe. 

by the 






Senate, 

Dairy Commissioner, 

M 

-t-> 

Q. 

1 

Regulate Sale of Dairy Products. 


Surveyors-General, 

CJ 

o 

7 

Scale Logs, Record Marks, Secure 
Laborers’ Liens. 


Administrative Boards, 


W 

o 

Immigration, Health, Fisheries, 
Chai’ities, Taxes. 

Appointed 



* 



as 

Boards of Trustees, 


> 

State Institutions, Educational, 
Charitable and Penal. 

Above. 

Justices of Supreme Court, 

d' 

o 

5 

Interpret Laws, Try Appealed Cases, 

By People 






of State. 

Clerk of Supreme Court, 


1 

Keep Records of Supreme Court. 


Judges of District Courts, 

Cl 




By People in 

0 

o 

21 

Establish Justice in Counties. 


J lidiciai Dist. 


(314) 















































GUVERNMENT OF MINNESOTA. 


Term. 

Beginning. 

Removal. 

Vacancy. 

Bonds. 

SALARY. 

4 years. 


% of Senate. 

New 

None. 

§5 a day and Mileage. 

2 “ 


% of H. of R. 

Election. 


Same; Speaker, §10. 

2 years. 


Impeach- 

Lieut.-Gov. 

None. 

§5,000 a year. 

2 “ 


ment 

Not filled. 

U 

§10 a day during Leg. 



by 




4 “ 


House of R. 

Appointment 

§20,000. 

$3,G00 a year. 

2 


and 

by 

§400,000. 

§8,500 “ 



Conviction 

Governor 

2 « 


by 

till next 

None. 

$3,500 « 

2 “ 

+J ^ Sh 

£ a 

Senate. 

Election. 

it 

§3,500 “ 

2 years. 

pq 5 3 



None. 

§2,500 a year. 

3 « 




§50,000. 

§3,500 “ 

2 “ 


By 

New 

§2,000. 

§2,000 “ 

2 “ 


Governor 

Appointment 

§20,000 each. 

§3,000 each. 



after 

made 



2 “ 


due 

by 

§5,000. 

§2,000 of Fees. 

2 “ 


Examination. 

Governor. 

§5,000. 

Fees. 

2 « 




None. 

§1,800 and Expenses. 

2 “ 




$5,000. 

Fees. 

Various. 

Specified 

Same 

Same 

None. 

None, except Sec. 


in 

as 

as 



u 

Appointment. 

Above. 

Above. 

ii 

None. 

6 years. 

First 

Impeach- 

Same as 

None. 

§5,000 a year. 






Monday 

ment 




4 “ 


Auditor, 

§1,000. 

§1,500 a year and fees. 


in 

and 

etc. 



6 “ 

January. 

Conviction. 


None. 

§3,500 “ 


( 315 ) 



























































316 


APPENDIX, 


C.—HOW SOME THINGS AEE DONE. 

HOW TAXES AEE LEVIED. 

Definitions. —Taxes may be defined as the moneys con¬ 
tributed by the people to defray the public expenses. They 
are spoken of as direct and indirect, the former being paid as 
taxes, the latter as part of the price of a commodity. 

Within the State.— Local and state taxes are all direct. 
They are meant to be proportioned to a person’s ability to pay. 
In fact, however, a person’s tax is based upon the value of his 
discoverable property. The value of such property is estimated 
by local officers called assessors. The estimates of these 
officers are reviewed by the local board, and the reviewed esti¬ 
mates are again examined and equalized by the county board. 
But assessors, local boards, and county boards are all tempted 
to make the estimates low, to reduce their share of taxation for 
the use of the state. So a final review is made by the state 
board of equalization. The final estimates being reported to 
the computing officer, and the various sums to be raised 
having been reported to him, he finds the rate of taxation, 
computes the taxes, and turns the books over to the collecting 
officer. 

Certain classes of property are exempt from taxation. 
Among those usually exempt may be mentioned property 
owned by the United States, the state, or the municipal cor¬ 
poration; church property; educational and charitable insti¬ 
tutions; and a certain amount of personal property. United 
States bonds cannot be taxed. 

By the General Government.— The sources of revenue 
to the general government are: 1, customs; 2, excises; 3, direct 
taxes; 4, public lands; 5, receipts from post offices, patents, 
copyrights, fines, escheats, &c. The last two classes cannot be 
called taxes. As it cannot compel a state to collect taxes for 
it, the general government is practically barred, on account of 
expense, from laying direct taxes. So that it is practically 
true that national taxation is all indirect. The “customs” are 





HOW SOME THINGS ABE DONE. 


317 


duties on imports. The “excises,” or internal revenue, con¬ 
sist of taxes on tobacco, fermented and alcoholic liquors, &c. 

A Difficult Problem.— Though taxes have been levied for 
untold centuries, it is still one of the unsolved problems how 
to levy them so as to be just to all. Much progress has been 
made, but entirely satisfactory answers have not yet been 
wrought out to the questions: What are the proper things to 
tax? For what purposes should taxes be levied? 

HOAV THE GOVERNMENT BORROWS. 

When an individual wishes to borrow money, he looks 
around for some one who has the money to spare and who has 
confidence enough in him to let him have it. He gives his 
note or bond, and gets the money. Similarly the United States 
borrows. The secretary of the treasury looks for lenders in 
the money-centers of the world, consults great banking-houses, 
and sometimes advertises in newspapers. 

A private borrower pays for the use of the money, and sim¬ 
ilarly the debt of the United States is largely interest-bearing. 
The notes called “greenbacks” bear no interest, because, being 
legal tender, they circulate as money, as do also the gold and 
silver certificates of deposit. 

HOW NATIONAL BANKS ARE ESTABLISHED. 

Org'anization.— Associations for carrying on the business 
of banking may be formed by any number of natural persons 
not less than five. A signed and certified copy of the articles 
of association is forwarded to the comptroller of the currency; 
also a certificate giving the name of the association, its place 
of business, its capital, the number of shares and their owners. 

Capital.— The minimum capital required is: in cities of less 
than 6000 inhabitants, $50,000; less than 50,000 inhabitants, 
$100,000; others, $200,000. 

Powers. —Such associations have the usual corporate and 
banking i^owers. In addition, they may issue their notes to 
circulate as currency on the following conditions : Upon depos¬ 
iting with the U. S. Treasurer registered bonds of the United 
States, to an amount not less than $30,000 nor less than one- 
third of its capital, the bank receives from the comptroller of 


318 


APPENDIX. 


•> 


the currency blank notes of face value not to exceed ninety per 
cent of the par value of the bonds. These notes, after being' 
signed by the president and the cashier of the bank, may circu¬ 
late as money, but are not legal tender for private debts. 

HOW TO OBTAIN A COPYRIGHT. 

[By A. R. Spofford, Librarian of Congress.] 

Every applicant for a copyright must state distinctly the name and resi¬ 
dence of the claimant, and whether right is claimed as author, designer, 
or proprietor. No affidavit or formal application is required. 

A printed copy of the title of the book, map, chart, dramatic or musical 
composition, engraving, cut, print, or photograph, or a description of the 
painting, drawing, chromo, statue, statuary, or model or design for a wmrk 
of the fine arts, for which copyright is desired, must be sent by mail or 
otherwise, prepaid, addressed, “Librarian of Congress, Washington, D. C.’' 
This must be done before publication of the book or other article. 

A fee of 50 cents, for recording the title of each book or other article, 
must be inclosed with the title as above, and 50 cents in addition (or one 
dollar in all) for each certificate of copyright under seal of the Librai’ian 
of Congress, w’hich will be transmitted by early mail. 

Within ten days after publication of each book or other article, two 
complete copies must be sent prepaid, or under free labels, furnished by 
the Librarian, to perfect the copyright, with the address, “Librarian of 
Congress, Washington, D. C.” 

No copyright is valid unless notice is given by inserting in every copy 

published, “Entered according to the act of Congress, in the year-, by 

-, in the office of the Librarian of Congress, at Washington,” or, at the 

option of the person entering the copyright, the words: “Copyright, 18—, 
by-.” 

The law imposes a penalty of $1'0 upon any person who has not obtained 
copyright who shall insert the notice “Entered according to act of Con¬ 
gress,” or “Copyright,” or words of the same import, in or upon any book 
or other article. 

Each copyright secures the exclusive right of publishing the book or 
article copyrighted for the term of twenty-eight years. Six months before 
the end of that time, the author or designer, or his widow or children, may 
secure a renewal for the further term of fourteen years, making foi’ty-two 
years in all. 

Any copyright is assignable in law by any instrument of writing, but 
such assignment must be recorded in the office of the Librarian of Con¬ 
gress within sixty days from its date. The fee for this record and certifi¬ 
cate is one dollar. 

A copy of the record (or duplicate certificate) of any copyright entry 
will be furnished, under seal, at the rate of fifty cents. 

Copyrights cannot be granted upon Trade-marks, nor upon Labels in¬ 
tended to be used witli any article of manufacture. If protection for such 
prints or labels is desired, application must be made to the Patent Office, 
where they are registered at a fee of $6 for labels and $25 for trade-marks. 




How SOME THINGS ARE DONE. 319 

lip to 1849 the secretary of state had the care of issuing 
copyrights. It was then assigned to the department of the 
interior, newly created. In 1870 it was transferred to the 
librarian of congress. 

HOW TO OBTAIN A PATENT. 

1. The person desiring a patent must declare upon oath that 
he believes himself to be the inventor or discoverer of the art, 
machine, or improvement for which he solicits the patent. 

2. He must also give in writing a definite and minute 
description of it, accompanied by drawings to illustrate. If 
necessary, he must make and deliver to the commissioner of 
patents a model of his invention. 

To be patentable, the invention must be new, unused and 
unknown before, and useful. 

The invention is carefully examined by the appropriate 
expert at the patent office, and if found to be deserving a 
patent is issued, signed by the secretary of the interior, coun¬ 
tersigned by the commissioner of patents, and sealed with his 
seal. This gives the patentee the sole right of manufacture 
and sale and use for seventeen years. The right to make, sell, 
or use the invention may be sold by the patentee. He may 
assign the patent entire, an interest in it, or the exclusive 
right for a certain specified district. 

HOW^ AN ALIEN BECOMES A CITIZEN. 

1. Declaration of Intention.— An alien, who has come 
to the United States after reaching the age of eighteen, may 
appear before any court of record in the United States having 
common law jurisdiction, or the clerk thereof, and declare 
upon oath that it is hona fide his intention to become a citizen 
of the United States, and to renounce forever “all allegiance 
to any foreign prince, potentate, state, or sovereignty what¬ 
ever,” and particularly by name the potentate or sovereignty 
whereof such alien may at any time have been a citizen or 
subject. This declaration is recorded, and a certified copy of 
it is furnished by the clerk of the court to the person so de¬ 
claring his intention. He is then said to have his “first 
papers.” See page 290. 


APPENDIX, 


320 

2. The Final Step.— After two years from the time of 
declaring his intention, provided that he has resided in the 
United States continuously for five years, and also at least one 
year within the state or territory wherein the court is held, he 
may appear in open court and there upon oath renounce all 
allegiance, as declared in his statement of intention, and swear 
to support the constitution of the United States. If he has 
borne any hereditary title, he must renounce it. He must 
have two witnesses to certify to his residence and to his moral 
character. These proceedings are recorded, and he is given a 
certificate of naturalization. See page 291. 

An alien arriving in the United States before reaching the 
age of eighteen and continuously residing therein until making 
his application for citizenship, provided that he has resided in 
the United States five years, may on coming of age be admitted 
to citizenship at once, without the interval between the dec¬ 
laration and the consummation. He must, however, make 
declaration, must prove his moral character by two witnesses, 
and must satisfy the court that for three years it has been hona 
fide his intention to become a citizen of the United States. 

Status of Minors.— The naturalization of a man confers 
citizenship upon his wife and upon such of his children as are 
minors at the time. A child of his born in this country, either 
before or after his naturalization, is a “natural-born” citizen. 
This is also the case if the child is born on the ocean while the 
parents are coming to this country, provided that they are 
coming with the intention of seeking citizenship. If an alien 
dies after declaring his intention, his Avife and minor children 
may become citizens upon taking the oath required. 

Uosiug- Citizenship.— By treaties with Austria, Baden, 
Bavaria, Belgium, Great Britain, Germany, the Grand Duchy 
of Hesse, Mexico, Norway and Sweden, Denmark, and Wur- 
temberg, it is provided that “a renewal of domicile in the 
mother country, with the intent not to return (and two years’ 
residence is presumptive evidence of such intent), shall work 
renewal of the former allegiance.” 

In some of the treaties it is further provided that when the 
subject has emigrated to avoid military duty, “the right to 
exact which was complete before his departure, such service 
may be enforced on his return in spite of intervening natural¬ 
ization.” (See also U. S. Eevised Statutes of 1878, §§ 2165-74.) 


HOW SOME THINGS ABE HONE, 


321 


HOW CITIZENS ABROAD ARE PROTECTED. 

One of the things that makes citizenship desirable is the 
protection which it secures. This is particularly grateful 
when one is in a foreign country. What a feeling of strength 
and security one has when far away from home among stran¬ 
gers to know that his rights must be respected, to realize that 
behind him is the might of the nation! 

Passports.— A United States passport is an instrument 
in writing, issued by the secretary of state and under his seal, 
informing the world that the bearer is a citizen'of the United 
States, that he travels under its protection. That passport is 
a means of identification for the bearer and secures to him 
all the rights and privileges guaranteed to citizens of the 
United States by treaties with the country in which he may be 
traveling. 

Passports, as a means of ingress or egress, are now required 
in only a few countries of Europe. For flie convenience of 
citizens who may have left home without securing passports, 
arrangements have been made whereby they may be obtained 
from our representatives in foreign countries. 

Another kind of passport is that for American ships. Each 
ship-master obtains one before leaving for a foreign port. It 
tells the nationality of the ship, shows that she is under the 
protection of the United States. 

Consuls.— These are the business representatives of the 
government residing in foreign lands. They are “the guard¬ 
ians of their countrymen against the vexations, injuries, and 
injustices of the country where they reside; and they exercise 
certain police powers over all the individuals of their nation” 
within their respective consulates. 

The origin of consulates dates back to the time of the 
Crusades. They were instituted by the great commercial cities 
of the Mediterranean. The Pisans, Venetians, and Genoese 
had trading-places in various parts of Asia, and they secured 
from the princes of the countries where these trading-posts 
were located the right to have judges or arbitrators of their 
own nation located at each of these posts who were privileged 
to settle disputes between citizens of these cities in accordance 
with their own laws. At first, then, the consuls were only 
arbitrators in commercial matters. But their prerogatives 


322 


APPENDIX, 


have increased until now they are intrusted with the protec¬ 
tion of merchants of their country in their relations with the 
countries to which they come to trade. 

In some countries, such as China, Japan, Siam, and Turkey, 
our consuls are by treaty invested with judicial powers. They 
try and punish American citizens for crimes committed there. 

Incidentally it is the duty of a consul to provide for sick, 
disabled or destitute American seamen, and to send them 
home to the United States; to receive and take care of the 
personal property of any American citizen who dies within his 
consulate, and to forward to the secretary of state the balance 
remaining after the necessary funeral expenses, to be held in 
trust for the heirs. (See also page 350.) 

Some of the consular reports contain very valuable informa¬ 
tion regarding the products and industries of the countries 
where they are located. These reports can sometimes be ob¬ 
tained in limited numbers through a member of congress. 

HOW WE ARE PROTECTED AT HOME. 

Life.— Our lives are protected very carefully, not only against 
crime, but also against accident. Taking human life is made 
the worst crime and suffers the severest punishment. Death¬ 
dealing weapons, such as revolvers and dirks, cannot lawfully 
be carried concealed. Poisons are cautiously sold, and usually 
a record is made of the sale. If death results from accident 
the person to blame is held responsible. But every precaution 
is taken to prevent accidents. Lamps are provided for streets; 
fast driving is prohibited; horses are not allowed to be left 
standing unhitched; business dangerous to life, such as powder¬ 
making, must be carried on at a distance from residences; 
railroads are required to stop trains at crossings, to ring a bell 
in going through a town, to carry axes and buckets to be used 
in case of hre; steamboats must be inspected, and must be 
supplied with life-boats, life-preservers, and other appliances. 

Health.— To protect our health precautions are taken 
against the outbreak of preventable diseases, such as diph¬ 
theria, typhoid fever, etc., by requiring cleanliness in yards and 
alleys; and against small pox by requiring vaccination. The 
government also supports hospitals for the care of the sick. 

Reputation.— To secure to each person as good a reputation 
as his character will warrant it is made a crime to make false 


now SOME THINGS ABE DONE. 


323 

and malicious statements about any one. If spoken, the mali¬ 
cious statement is called slander; if written or printed, it is 
called libel. The essential elements of these crimes are malice 
and injury. If a false statement is made without intent to 
injure, it is not slander. And a true statement injuring an¬ 
other must not be made except for a proper purpose. 

Liberty.— This includes all those rights guaranteed in the 
Bills of Rights of the several constitutions, and the right to 
come and go without restraint, the right to choose a vocation 
and to change it, and other rights. To appreciate the protec¬ 
tion received in this direction, the student should read up the 
history of each of the guarantees, and of caste, curfew, pass¬ 
ports, etc 

Property.— “The right of private property covers the ac¬ 
quiring, using, and disposing of anything that a person may 
call his own, including time and labor.” A person’s property 
rights may be interferred with in so many ways that many 
laws are necessary to protect him. A brief outline of commer¬ 
cial law is given elsewhere. 

HOW ELECTIONS ARE CONDUCTED. 

Electors.— The voters of each state are designated by the 
constitution thereof. See page 298. 

Time.— The time of elections is usually also a matter of con¬ 
stitutional provision. The local (town, village, and city) elec¬ 
tions are, in most if not all of the states, held in the spring; 
probably because the public improvements contemplated are to 
be made chiefly in the summer. The general elections are held 
in the fall. This may be partly at least, in order that the 
official year may begin with the calendar year. 

Place.— Towns, villages, and city wTirds are the usual elec¬ 
tion precincts, but any of these may be divided if necessary. 
The location of the polling-place is determined by the conve¬ 
nience of the voters. 

Supervision.— Each polling-place is in charge of supervisors 
of election, usually three. In towns and villages, the regular 
trustees supervise the elections. In cities, three persons for 
each precinct are appointed to act by the council or by the 
mayor. The supervisors are assisted by one or two clerks. 

Kcgistratiou. —To prevent fraud, it is required that a 
person shall have been a resident of the precinct in which he 


APPENDIX. 


324 

offers to vote for at least ten days. In the cities, where 
population fluctuates greatly, it has been found necessary to 
require voters to register before the day of election; that is, to 
enroll their names and places of residence with the officers of 
election. 

Notices.— Due notice of the times and places of registration 
and election is given, at least ten days in advance. 

Voting-.— This is by ballot, the two chief reasons being, (a) 
to permit the voter to express his choice uninfluenced by any 
one else; (6) to facilitate the voting. 

The voter hands to the chairman of the supervisors his 
ballot, folded so as to conceal the names. After ascertaining 
from the other supervisors that the name of the person offering 
the vote is registered, or being satisfied in some other way that 
he is entitled to vote, the chairman, in the presence of the 
voter, deposits the ballot in the box. The voter’s name is then 
checked on the register, and enrolled by the clerks on the “list 
of persons who have voted.” 

Counting.— Each name as it is written by the clerks is 
numbered, and the supervisors in checking the register do so 
by writing the number of the vote. At the close of the polls, 
therefore, the number of persons who have voted is known. 
The ballots are then turned out of the box upon a table, and, 
without being unfolded, are carefully counted, to see whether 
they correspond in number with the records. If, as once in a 
while happens, it is found that there are too many ballots, 
those in excess are drawn hap-hazard from the pile by the 
supervisors and destroyed. The ballots are then unfolded, and 
the count of the persons voted for is carefully made and re¬ 
corded. These proceedings are all open to the public. 

Ileportiiig.— In local elections, the result of the vote is 
read by a clerk to those present. An abstract of the vote is 
filed in the office of the clerk of the corporation, and a list of 
the persons elected is sent to the auditor (clerk) of the county. 
The names of the justices of the peace and the constables are 
reported to the clerk of the court. 

In general elections, the abstract of the vote is sent to the 
county auditor. He makes a general abstract of the vote of 
the county on state officers, members of congress, and presi¬ 
dential electors, and sends it to the state auditor. He also 
sends to the same officer a list of the persons elected to county 


HOW SOME THINGS ABE DONE. 


325 

oflEices. An abstract of the vote is published in one or more of 
the county papers. 

Canvassing- Boards. —The persons composing these boards 
are designated by statute. The secretary of the organization 
is always a member. He is usually assisted by two or more 
judicial officers. 

Certificates of Election.— These are furnished to officers- 
elect by the secretary of the organization. Certificates of 
members of congress and presidential electors are signed by 
the governor and the secretary of state, and are authenticated 
by the state seal. 

Befects. —With all the thought that has been given to 
the subject, it is still an unsolved problem how to secure 
“a free vote and a fair count.” Of the two purposes given 
above to be subserved by the use of the ballot rather than 
by viva voce voting, the first is too commonly not realized. 
Perhaps the greatest danger to our government is bribery or 
overawing of the voter. 

A remedy suggested.— The main reliance for the purity 
of the ballot must of course be the intelligence and upright¬ 
ness of the people, and he who enlightens and uplifts one or 
more individuals is to that extent truly a patriot. 

The second reliance is the removal of temptation. There 
may be “honor among thieves,” but wrong doing makes a 
person suspicious, and if the briber cannot see the bribed de¬ 
posit his ballot he has no good reason for believing that he did 
as directed. 

In Australia they have a plan which seems to obviate bribery, 
and to have certain other incidental advantages. The plan 
includes two main features: 1. The printing of ballots at 
state expense, the ballots to contain all the nominees of all 
the parties and appropriate blank spaces for the insertion of 
other names; 2. The secret preparation of the ballot by the 
voter and his casting it in the presence of the officers only. 
The operation of the plan slightly modified, as now proposed 
in Massachusetts, is briefly this: In the polling room as now, 
is the ballot-box; this none but those in the act of voting and 
the officers are allowed to approach. As the voters enter the 
enclosed area a stile numbers them, and an officer hands each 
a ballot, containing the names of all nominees. The voter 
takes this into a booth, and makes a cross in ink opposite the 


32G 


iPPENDlX. 


name of each person that he wishes to vote for. Having thus 
prepared his ballot alone, he deposits it in the usual way. 

The advantages promised by this plan are obvious. The 
printing of the ballots at state expense would do away with 
one of the pretexts for bleeding a candidate for “legitimate 
expenses.” It would take their occupation from the ticket- 
peddlers, and do away with the deceiving “pasters.” The 
electors w’ould be freed from the nuisance of personal solicita¬ 
tion or dictation. The polling-places would be quieter and 
more orderly. Best of all, it would greatly minify the evils of 
bribery for reasons given above. 

The principle is certainly a good one, and the machinery is 
w^orthy of the careful consideration of our legislators. 

Later: This system is now used in several states. 

WHY AND HOW NOMINATIONS ARE MADE. 

A political party may be defined as a number of persons 
holding similar views in relation to one or more questions of 
public policy, and who through unity of action seek to have 
these views prevail. 

The great instrument for securing unity is the convention. 
It may be a mass meeting, or, as is more usual among the large 
and well-organized parties, a convention of delegates. In 
either case it is, be it remembered, not a part of the elective 
machinery designed by the legislature, but a political device 
to increase the chances of victory through unity of purpose 
and action. 

Party organization consists of “committees”—towm, village, 
city-ward, county, state, and national. The local committees 
are chosen by the resident partisans; the county committees by 
the county conventions; the state committees by state conven¬ 
tions; and the national committee, consisting usually of one 
member from each state, by the delegates of the respective 
states to the national convention. Each committee chooses 
its own chairman and secretary. Besides those mentioned, 
there are district committees, such as congressional-district 
committees, senate-district committees, etc., whose members 
are appointed in a manner similar to that given above. The 
term of a member is, as might be expected, from the close of 
one regular convention to the close of the succeeding one. 


HOW SOME THINGS ARE DONE. S21 

Thus a town committeeman’s term is one year, while that of 
a national committeeman is four years. 

The mode of nominating a candidate for the presidency of 
the United States will illustrate the way of making nomina¬ 
tions in general. 

1. By long-established practice, each state is entited io 
twice as many delegates to the national convention as the 
number of its presidential electors, and each territory to two 
delegates. Thus, Minnesota being entitled to nine electors, 
may send eighteen delegates: and New York, having thirty-six 
electors, is entitled to seventy-two delegates. Each delegate has 
an alternate, who acts in the delegate’s absence. 

2. Though the popular election does not take place until 
November, the national conventions are usually held in June 
or July. This is probably to allow plenty of time for the cam¬ 
paign. 

3. To allow the machinery time to grind out the delegates, 
the national committee, having early determined upon the 
time and place for holding the convention, issues its “call” 
some months in advance, say in February or March. This is 
published in the newspapers throughout the country. 

4. The next step in the process is the issuance of calls by 
the several state committees. These are issued as soon as 
practicable after that of the national committee, and usually 
appoint the state convention for the kitter part of May. 

5. In some states all of the delegates to the national con¬ 
vention are chosen by the state convention. But the number 
of states is increasing, and properly so, in which each con¬ 
gressional district chooses its own two delegates, leaving only 
the four “delegates at large” to be chosen by the state con¬ 
vention. In these states, the next step is the call of the dis¬ 
trict committee for a convention slightly antedating that of 
the state. 

6. As soon as practicable after the district call is announced, 
the several county committees issue their call for county con¬ 
ventions, to be held shortly before the district convention. 

7. Lastly, the local committees issue their calls, usually 
giving a week or ten days’ notice. The local convention is 
called a “caucus.” 

8. Then in succession the local, county, district, state, and 
national conventions are held. The caucuses send representa- 


328 


APPENDIX, 


tives to the county conventions, which in turn choose the 
deputations to the district and state conventions, and these 
finally select the delegates to the national convention. An 
equal number of “alternates” are chosen at the same time. 
The state convention also names the presidential electors to 
be supported by the party. 

Thus the national convention is the first to be called and 
the last to be held, while the caucuses are the last to be called 
and the first to be held. The caucuses are the real battling- 
place for the people. 

The delegates from each convention receive certificates of 
election signed by the chairman and secretary thereof. These 
“credentials” are given to prevent fraud, and constitute the 
delegates’ title to seats in the convention to which they are sent. 

The first step taken in the national convention, after 
securing a “temporary organization,” is the appointment of a 
committee on credentials and another on permanent organiza¬ 
tion, by the temporary chairman. When the former com¬ 
mittee reports, it is known who are entitled to participate in 
the i^roceedings; and when the latter committee reports, the 
convention almost invariably adopts the report and thereby 
perfects its organization. A committee on rules and one on 
platform are then appointed. 

The states are then called in aphabetical order, and each 
one that cares to, presents to the convention the name of her 
“favorite son.” Thus in the republican convention of 1860, 
when Illinois was called, the name of Abraham Lincoln was 
presented; and when New York was called, the name of 
William H. Seward was presented, and so on. 

AVhen the “roll of the states” is completed, the balloting 
begins. In the republican convention, nomination is by ma¬ 
jority vote; in the democratic, it takes a two-thirds vote to 
nominate. 

The vice-president is tlien nominated in a similar manner. 

After adopting a platform the convention adjourns. 

HOW CONGRESS IS ORGANIZED.* 

Though the senate is quite a permanent body, two-thirds of 
its members holding over from one congress to another, its 
committees are reorganized at the beginning of each congress. 


* See also Among the Lawmakers, chapter HI. 




now SOME THINGS ARE DONE. 


329 


The terms of all members of the house of representatives ex¬ 
pire March 4 of the odd-numbered years, and, though many of 
the old members are re-elected, the house must be reorganized 
at the beginning of each congress. The mode of organizing 
the house is briefly as follows : 

1. At the first session, the house is called to order by the 
clerk of the preceding house, who then calls the roll of mem- 
bers-elect* by states. If a quorum is found to be present, the 
clerk declares it to be in order to proceed to the election of a 
speaker. The vote is viva voce on the call of the roll, each 
member when his name is called pronouncing the name of his 
choice for speaker. Election is by majority of the votes given. 
The result is declared by the clerk, who “then designates two 
members (usually of difl’erent politics, and from the number of 
those voted for as speaker) to conduct the speaker-elect to the 
chair; and also one member (usually that one who has been 
longest in continuous service a member of the house) to ad¬ 
minister to him the oath required by the constitution.”! 

The speaker then administers the oath to the members, in 
groups of about forty, all standing in line before the speaker’s 
desk. 

3. The organization is completed by the election of a clerk, 
a sergeant-at-arms, a doorkeeper, a postmaster, and a chap¬ 
lain. The vote is viva voce, and the term is “until their succes¬ 
sors are chosen and qualified”—usually about two years, though 
all are subject to removal at the will of the house. 

The delegates from the territories are then sworn in. 

“At this stage it is usual for the house to adopt an order 
that a message be sent to the senate to inform that body that 
a quorum of the house of representatives has assembled, and 

-, one of the representatives from the state 

of-, has been elected speaker, and-, a citizen 

of the state of-, has been chosen clerk, and that the house 

is now ready to proceed to business.”! 

Each house then orders a committee of three members to be 
appointed, the joint committee “to wait upon the president of 
the United States and inform him that a quorum of the two 
houses has assembled, and that congress is ready to receive 

*The members-elect have previously sent him their certificates of 
election, received from the state canvassing board. 

f Manual of the House of Representatives. 









330 


APPENDIX, 


any communication lie may be pleased to make.”* It is in 
order then for the president to forward his message to 
congress. 

The above are the usual proceedings, and they generally 
occur on the first day of the session. 

The seating of the members is by lot, except in the case of 
certain members privileged by very long experience or other¬ 
wise, who are by courtesy permitted to make the first selection. 
Each member is numbered, and corresponding numbers are 
placed in a box “and thoroughly intermingled.” Then the 
numbers are drawn from the box successively by a page, the 
member whose number is drawn first having first choice of 
seat, and so on. This may be done while the committees are 
waiting on the president, as above described. 

HOW CONTESTED ELECTIONS ARE SETTLED. 

“Each house shall be the judge of the elections, returns, and 
qualifications of its own members.”—Constitution, I., 5, 5. 

A contested election resembles very much in its mode of 
settlement the trial of a civil suit. 

1. Within thirty days after the result of the election is made 
knowm, the contestant must serve upon the person declared 
elected by the canvassing board a notice of intention to con¬ 
test his seat, and the grounds therefor. 

2. Within thirty days of receiving said notice, the member* 
eleot must answer it, stating specifically the grounds of his 
defense, and must serve a copy of this answer upon the con¬ 
testant. 

3. Ninety days are then allowed for the taking of testimony 
—the first forty to the contestant, the second forty to the 
member-elect, and the remaining ten to the contestant for 
testimony in rebuttal. 

Testimony may be taken before any United States, state or 
municipal judge, notary public, or by two justices of the peace. 
Tlie opposite party must have due notice of the times and 
places of taking the evidence; but testimony may be taken at 
several places at the same time. The witnesses are sum¬ 
moned by subpmna served in the usual way. The examination 
of the witnesses is by the officer issuing the subpoena, but 
* Manual of the House of Represeutatives, 


HOW SOME THINGS ABE DONE. 331 

either party may propose questions. The questions and 
answers are committed to writing, and authenticated. 

All the papers in each case, certified, carefully sealed, and 
the envelopes indorsed with name of the case, are sent by 
mail to Washington, addressed to the clerk of the house in 
which is the contested seat. 

The matter is referred to the committee on elections.* This 
committee having carefully considered the matter may bring 
in its report at any time, this being what is known as a 
“privileged question.” The decision is by majority vote of 
the house interested. 

In the meantime the person who has obtained the certificate 
of election from the state canvassing board is presumed to 
have been elected, and is treated accordingly. 

In order that lack of means may not compel a man to sub¬ 
mit to a wrong, and that the real will of the congressional 
district as expressed in the election may be ascertained, the 
contestant may be allowed not to exceed two thousand dollars 
for expenses. 

HOW AN IMPEACHMENT CASE IS CONDUCTED. 

“The house of representatives * * * shall have the sole 
power of impeachment.”—Constitution I. 2 : 3. 

“The senate shall have the sole power to try all impeach¬ 
ments.”—Ib., I. 3 : 6. 

“The president, vice-president, and all civil officers of the 
United States, shall be removed from office on impeachment 
for, and conviction of, treason, bribery, or other high crimes 
and misdemeanors.”—Ib., II. 4 : 17. 

The house, having resolved that a certain civil officer be im¬ 
peached, orders that a committee be appointed to notify the 
senate of the fact; and to state that “the house of representa¬ 
tives will, in due time, exhibit particular articles of impeach¬ 
ment against him, and make good the same;” and to demand 
that the senate prepare to try the impeachment. 

The house then, on motion, appoints a committee (usually 
of five members) to prepare carefully the articles of impeach¬ 
ment.f The report of this committee, having been considered 

*This Is the oldest of all the committees, having been established at the 
beginning of the first congress. 
tThis corresponds to the indictment of a grand jury. 



332 


APPENDIX. 


in committee of the whole, is reported to the house, with such 
amendments as seem necessary. If the report is agreed to by 
the house, a committee of five ‘"managers” is appointed to 
conduct the impeachment on the.part of the house. 

The senate is then notified by the clerk of the house, that 
the managers, naming them, have been appointed, and that 
the articles of impeachment are ready to be exhibited. 

The senate having appointed the time when it would resolve 
itself into a court of impeachment notifies the house. At the 
appointed time the managers carry the articles to the senate, 
and on their return report to the house. 

The senate then issues a summons to the defendant, order¬ 
ing him to file his answer with the secretary of the senate by 
a certain day. 

On the day appointed, the house, having resolved itself into 
committee of the whole, attends the trial in the senate cham¬ 
ber. The next day the house attends similarly, if a reply is to 
be made to the defendant’s answer. During the taking of the 
testimony only the managers attend, the house devoting itself 
to its regular business. When the case is ready for argument, 
the house attends daily, as committee of the whole. 

The report of the final action of the senate is made to the 
house by the chairman of the committee of the whole. 

In an impeachment trial the senate is both judge and jury. 
But, for convenience, the functions of judge are usually per¬ 
formed by the president of the court of impeachment; and a 
senator may be called upon to testify. 

The secretary of the senate corresponds to the clerk of the 
court, and the sergeant-at*arms corresponds to the sheriff in 
an ordinary court. 

“On the final question whether the impeachment is sus¬ 
tained, the yeas and nays shall be taken on each article of 
impeachment separately; and if the impeachment shall not, 
upon any of the articles presented, be sustained by the votes 
of tw^o-thirds of the members present, a judgment of acquittal 
shall be entered; but if the person accused in such articles of 
impeachment shall be convicted upon any of said articles by 
the votes of two-thirds of the members present, the senate 
shall proceed to pronounce judgment, and a certified copy of 
such judgment shall be deposited in the office of the secretary 
of state.”* * Manual of the United States Senate. 


HOW SOME THING8 ARE DONE. 


333 


Only seven cases of impeachment before the U. S. senate 
have occurred. To save space they are shown in tabular form : 


Time 

Name. 

Office. 

Charge. 

Result. 

1798 

William Blount.. 

U. S. Senator 
from Tennes¬ 

Intrigues with In¬ 
dians. 

Case d i s- 
missed; not 

nn ” 



see . 


1803 

John Pickering.. 

U. S. dislxict 
judge, N.H... 

Intemperance and 
malfeasance in of¬ 
fice. 

Removed 
from office 

. * 

1804 

Samuel Chase.... 

Associate Just. 

U. S. Sup.Ct.. 
U. S. district 

Partiality and in¬ 
justice . 

Acquitted. 


1830 James? Peek. 

Abuse of power.... 

Treason in advocat¬ 
ing and aiding se¬ 
cession. 

Acqu itted. 

Removed ai 
disqualiflec 


ISGO 

West W. 

Humphreys.. 

judge, Mo. 

U. S. district 
judge, Tenn.. 

id 

1. 

1868 

1876 

Andrew Johnson 

William W. 

President of the 
United States. 

Violation of Tenure 
of Office act and 
other crimes. 

Acquitted by 
one vote. 

Belknap 

Sec’y of war ... 

M a [feasance in of’ce 
& accepting bribes 

Acquitted. 



HOW UNITED STATES SENATORS ARE ELECTED. 

“The senate of the United States sliall be composed of two 
senators from each state, chosen by the legislature thereof.”—' 
Constitution, I. 3 : 1. 

Tlie time of this election is the second Tuesday after the 
meeting and organization of the legislature. If a vacancy 
occurs in tlie seuate during the session of the legislature, the 
election occurs on the second Tuesday after notice of the va¬ 
cancy is received by the legislature. 

On the day appointed, the roll of each house being called, 
each member responds by naming one person for the senator- 
ship. The result of the vote is entered on the journal of each 
house by the clerk thereof. 

The next day at noon, the members of both houses convene 
in joint assembly, and the journal of each house is read. If 
the same person lias received a majority of all the votes in 
each house, he is declared elected. 

But if no person has received such majority, the joint as¬ 
sembly proceeds to choose, by viva voce vote of eacli member 
present, a person for senator. A quorum consists of a major¬ 
ity of each house, and a majority of those present and voting 
is necessary to a clioice. 

* See Thomas Jefferson, American Statesmen Series, pp. 250-G3. 

























334 


APrENDIX. 


If no one receives such majority on the first clay, the joint 
assembly meets daily at noon, and takes at least one vote, 
until a senator is elected. 

A certificate of election is made out by the governor, coun¬ 
tersigned and authenticated under seal of the state by the 
secretary of state, and forwarded to the president of the sen¬ 
ate of the United States. 

HOW THE ELECTORAL VOTE IS COUNTED. 

“The president of the senate shall, in the presence of the 
senate and house of representatives, open all the certificates, 
and the vote shall then be counted.”—Constitution, Amend¬ 
ment XII. 

The constitution gives no directions as to the manner of 
counting. No trouble was experienced, however, until the 
Ilayes-Tilden election. The result of this election depended 
upon the votes of three states, each of which sent in two con¬ 
flicting sets of certificates. There being no legal provision for 
the settlement of such disputes, the famous electoral commis¬ 
sion was created to determine which certifitates should be 
counted. It consisted of five senators, five representatives, 
and five justices of the supreme court. 

The gravity of the danger thus revealed made it obviously 
necessary that some general plan be devised whereby such 
disputes might be obviated. Though consideration of the 
subject began at once, and various measures w^ere from time 
to time proposed, no satisfactory solution was presented until 
February 3, 1887, when the Electoral Count Bill was passed 
and received the signature of the president. 

An outline of the bill is here given, the principal provisions 
being the second and sixth as here numbered. 

1. The electors shall meet and vote on the second Monday in 
January following their election.* 

2. If there be any disputes as to the choice of the electors, 
they are to be settled in the respective states in the way that 
each state shall determine, provided that the laws governing 
the matter shall have been passed before the election, and that 
disputes shall have been settled at least six days before the 

*The 1 i me of meeting had been the first Wednesday in December. The 
change was made to give time lor the settlement of any disputes, as pro¬ 
vided in the second section. 


m)W SOlfi: THINGS ABE HONE. 


335 


time fixed for the meeting of the electors. A report of the 
contest and its mode of settlement shall be made by the gover¬ 
nor, and forwarded under seal to the secretary of state of the 
United States. 

3. As soon as practicable after it shall have been ascertained 
who have been chosen electors, the executive of the state shall 
transmit under the seal of the state to the secretary of state of 
the United States the names of the electors, with an abstract 
of the popular vote for each candidate for elector. The execu¬ 
tive shall also deliver to the electors, on or before the day of 
meeting, three copies of said certificate, one of which the elec¬ 
tors shall enclose with each “list of persons voted for as presi¬ 
dent and vice-president.” 

4. As soon as practicable after receiving the certificates as 
aforesaid, the secretary of state shall publish them in full in 
such new'spaper as he shall designate; and at the first meeting 
of congress thereafter he shall transmit to each house a copy 
in full of each certificate received. 

5. The counting of the vote will take place, as heretofore, 
on the second Wednesday in Uebruary following the meeting 
of the electors. At one o’clock in the afternoon the senate and 
house of representatives meet in the hall of the house of repre¬ 
sentatives, and the president of the senate takes tlie chair. 

“Two tellers shall be previously appointed on the part of the 
senate and two on the part of the house of representatives, to 
whom shall be handed, as they are opened by the president of 
the senate, all the certificates and papers purporting to be 
certificates of the electoral votes, which certificates and papers 
shall be opened, presented, and acted upon in the alphabetical 
order of the states, beginning with the letter A; and said 
tellers, having then read the same in the presence and hearing 
of the two houses, shall make a list of the votes as they shall 
appear from the said certificates; and the votes having been 
ascertained and counted in the manner and according to the 
rules in this act provided the result of the same shall be de¬ 
livered to the president of the senate, who shall thereupon 
announce the state of the vote, which announcement shall be 
deemed a sufficient declaration of the persons, if any, elected 
president and vice-president of the United States, and, to¬ 
gether with a list of the votes, be entered on the journals of 
the two houses.” 


APPEmiX. 


336 

6. Upon the reading of each certificate the president of the 
senate asks whether there be any objections to it. Objection 
must be made in writing, and must “state clearly and con¬ 
cisely, and without argument, the ground thereof.” To entitle 
it to consideration, the objection must be signed by at least 
one senator and one representative. 

When all the objections to any paper have been received 
and read, the senate withdraws, and the two houses proceed 
separately to consider them. 

If from any state but one set of electors are certified, and 
the certification has been done as prescribed in section three, 
the certificate cannot be rejected. But if not properly 
certified, the two houses acting concurrently “may reject the 
vote or votes wiien they agree that such vote or votes have not 
been so regularly given by those wiiose appointment has been 
so certified.” 

If more than one return has been received from any state, 
those votes only shall be counted which have been determined 
as provided in section tw^o. 

If tw'O or more returns appear, each certified by authorities 
claiming to be the lawTul tribunal of the state, the vote shall 
be counted which the tw'o houses, acting separately, “con¬ 
currently decide is supported by the decision of such state so 
authorized by its law's.” 

If more than one return comes in from any state, no deter¬ 
mination such as is prescribed in section tw'O having been 
made, the tw'o houses concurrently decide w'hich, if any, of the 
votes shall be counted. If in such a case the houses disagree, 
the votes of those electors shall be counted w hose appointment 
shall have been certified by the executive of the state. 

When the case in question has been disposed of, the joint 
session is resumed and the counting continued. 

7. In the joint meeting, the president of the senate has au¬ 
thority to preserve order. No debate is allow'ed, and no ques¬ 
tion can be put, “except to either house on a motion to 
withdraw'.” 

8. When discussing an objection, in separate session, no 
member can speak more than once, and then for not longer 
than five minutes. The entire time for discussion is limited 
to two hours. 

9. Provision is made for the seating of every one entitled to 


HOW SOME THINGS ABE DONE. 


337 


a seat on the floor of the house; and the act declares that “such 
joint meeting shall not be dissolved until the count of electoral 
votes shall be completed and the result declared.” 

Some time after the passage of the law, it was discovered 
that a strange omission had been made. By the old law, the 
electors in each state were required to appoint a messenger to 
take one of the certificates of votes cast, and deliver it to the 
president of the senate on or before the first Wednesday in Jam 
uary. By the new law the electors do not meet until the 
second Monday in January. The inconsitency was remedied, 
however, by a supplementary act, providing that certificates 
shall be forwarded “as soon as possible,” and authorizing the 
president of the senate to send for missing certificates on the 
fourth Monday in January. 

HOW FUGITIVES FROM JUSTICE ARE EXTRADITED. 

Extradition is “the delivering up to justice of fugitive crim- 
inals by the authorities of one state or country to those of 
another.”* 

The duty of extradition between the states of this republic 
is imposed by the federal constitution, IV. 2; and the mode 
of procedure is prescribed by an act of congress passed in 
1793. The term “other crimes” used in the constitution is 
generally interpreted “so as to include any offense against the 
laws of the state or territory making the demand.” On the 
question whether the executive upon whom demand is made is 
bound to comply, the federal courts have decided that his duty 
in the matter is imperative; that he must deliver up the fugi¬ 
tive, unless the accused shall also be under prosecution for 
breach of the laws of the state to which he has fled. 

The procedure is this: “The accused must be indicted in 
the state in which the crime was committed, or a charge must 
be brought against him before a magistrate, who, if satisfied 
that the charge is true, issues a warrant for the arrest of the 
criminal. A copy of the indictment or affidavit is forwarded 
to the executive of the state, and he issues to the executive of 
the state to which the fugitive has gone, a requisition for his 
surrender. If the executive upon whom the requisition is 
made is satisfied that the papers are regular and the proof of 


* Lalor’s Cyclopedia of Political Science. 



338 


APPENDIX. 


the crime sufficient,” he issues a warrant “for the arrest and 
delivery of the accused to the agent of the state making the 
demand.” 

The expense of these proceedings is borne by the state mak¬ 
ing the demand. 

Between nations extradition is regarded as a matter of 
comity, and is based upon special treaty. “In this country, 
power to make such a surrender is conferred upon the execu¬ 
tive* only where the United States are bound by treaty, and 
have a reciprocal right to claim similar surrender from the 
other power.” In relation to the crimes for which extradition 
may be demanded, it may be said in general that they are 
specified in the treaty, and are such offenses as are recognized 
as crimes by both countries. Consequently no two treaties 
are exactly alike. Generally only things wrong in them¬ 
selves, not things wrong by local prohibition, are included. 
Offenses merely political are not included; and “as opinions 
differ in different countries on what constitutes a political 
crime, the surrendering nation is very properly made the judge 
of this question.” 

As a corollary to the preceding, it is a well-established rule 
of international law, that the surrendered party can be tried 
only on the allegations for which extradition has been accorded. 
This principle is also generally recognized among the states. 

HOW A COURT MARTIAL IS CONDUCTED. 

A court martial is “a court consisting of military or naval 
officers, for the trial of offenses against military or naval 
laws.” 

Courts martial are of three classes, general, garrison, and 
regimental. General courts martial consists of from five to 
thirteen officers, appointed by a general or by the president. 
Garrison and regimental courts martial consist of three officers 
appointed respectively by the garrison and the regimental 
commanders. Only general courts martial have jurisdiction 
of capital offenses. 

There are two marked characteristics of courts martial 
First, the accused is tried, not as in a civil court by his peers, 

* This of course means the president, as states cannot treat with foreign 
powers. 




now SOME THINGS ARE HONE, 


339 


but by bis superiors. Second, there is no distinction between 
judge and jury; the officers comprising the court act in both 
capacities—they determine the fact and apply the law. Sen¬ 
tence is by majority vote, except that to pronounce sentence of 
death a twm-thirds vote is necessary. 

For convenience, one of the officers is designated to act as 
president by the order convening the court. As prosecutor in 
the case, and also as the responsible adviser of the court, a judge- 
advocate is appointed, usually by the same order. The accused 
is entitled to counsel; but if he is unable to obtain any, the 
judge-advocate “must insist upon all rights belonging to the 
accused under the law and the evidence.” 

The “findings” of a court martial must in each case be trans¬ 
mitted to the convening authority and by it be approved, be¬ 
fore being carried into execution. “In time of peace, no 
sentence of a court martial involving loss of life or the dis¬ 
missal of a commissioned officer, and either in time of peace 
or war no sentence against a general officer, can be carried 
into effect without approval by the president of the United 
States.” 

The jurisdiction of courts martial extend only over offenses 
committed by persons enlisted in the military or the naval 
service of the country. 

WHY AND HOW TEERITOKIES ARE ORGANIZED. 

The organization of territories in the United States is for 
two purposes: to provide good government while population 
is sparse, and to encourage their development into self-gov¬ 
erning commonwealths, and their incorporation into the 
federal system as rapidly as possible. (See page 217.) 

Territories are organized by congress. In the organic act 
the boundaries of the territory are defined, and a system of 
government is established. “The governor and the adminis¬ 
trative and judicial officers are appointed by the president, 
but a territorial legislature is entrusted with limited powers, 
subject to the approval of congress.” 

Each of the several territories may elect one delegate to a 
seat in the United States Congress. The delegate may speak 
on subjects in which his territory is interested, but he cannot 
vote. 


340 


APPE^s^DIX. 


WHY AND nOAY THE PUBLIC LANDS ARE SURVEYED. 

The public lands are not meant to be held forever by the 
general government. They are designed to be owned and 
occupied by American citizens. To divide the land into pieces 
and thus to facilitate the description and the location of any 
piece, is the principal purpose of the survey. Incidentally 
the portions six miles square serve as bases for the political 
divisions called towns, and this was part of the original plan. 

The “old thirteen” and Maine, Yermont, Kentucky, Ten¬ 
nessee, and West Virginia were surveyed in a very irregular 
way. Lands were described as bounded by lines running from 
stumps to stones, thence to a creek and down the main channel 
thereof. In 1785, a committee of the continental congress was 
appointed, with Thomas Jefferson as chairman, to devise a 
simple and uniform mode of surveying the public lauds in 
wdiat was about to be organized as the Northwest Territory. 

The most noticeable peculiarity of the system is that it is 
rectangular. A prime meridian is first determined, then a base¬ 
line crossing it at right angles. Then from points on the base¬ 
line six miles and multiples thereof from the meridian, lines 
are run due north. And parallels to the base-line are run at 
distances of six miles. The approximate squares thus formed 
are called townships. The row's of townships running north 
and south are called ranges. Townships are numbered north 
and south from the base-line; ranges east and w'est from the 
meridian. The diagram on page 341 illustrates the system. 

Since meridians all terminate at the poles, the lines betw'een 
ranges, being meridians, gradually approach each other as 
they go northw'ard. The lines, then, soon become so much 
less than six miles apart that a new' beginning has to be made. 
The parallel upon W'hich this correction is made is naturally 
called the correction line. Corrections w'ere at first made every 
thirty-six miles, but they are now' made every tw^enty-four miles. 

The first prime meridian starts at the mouth of the Great 
Miami and forms the western boundary of Ohio. The second 
prime meridian begins at the mouth of Little Blue Creek, in 
Indiana. The third, at the mouth of the Ohio; the fourth at 
the mouth of the Illinois; and the fifth at the mouth of the 
Arkansas, 


now SOME THINGS ARE DONE. 


341 


RAfi/GES WEST 


/?. EAST 



co^ 

^REt 

Ttd 


£/A 

'£ 


4; N. 

v:w. 














3,N. 

n,E. 




2,N. 

IU,W. 


< 

cs 

•*.* 

tt 

Lj 






BA< 



L/ 

NE. 





LS. 






2, 5. 



0. 

2 , 5 , 


4 


. 3 

I 

S 5 


2 


Oj 

• o 


RANGE S AND TO W NS HIPS 


6 

S 

❖ 

3 

2 

t 

7 

a 

9 

to 

// 

/2 

/8 

/7 

/6 

/S 

/4 

/3 

/9 

20 

2/ 

22 

23 

24 

30 

29 

28 

27 

26 

26 

3/ 

32 

33 

34 

3S 

36 


The numbering of sections 
in a township. 


A/. 

AK 

N.W.'A 

or 

N.E./^ 

/v.E.ytt- 

..or 

N.E.'A 

Of < 

3ect/on 

sy2 0f 

A/.Ey^. 

S.H 

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Divisions of a section. 





























































342 


APPENDIX. 


The first prime meridian has several base-lines. The base¬ 
line of the second meridian crosses it about twenty-four miles 
north of its point of beginning, and the base-line of the third 
is a continuation of that of the second. The principal base¬ 
line of the fourth meridian coincides with the southern bound¬ 
ary of Wisconsin. It has also a short base-line about six miles 
north of Quincy, Ills. The base-line of the fifth meridian is 
just south of Little Eock, Ark. 

From the first meridian most of Ohio is surveyed; from the 
second, Indiana and the eastern twenty-four miles of Illinois; 
from the third, the rest of Illinois, except a small portion north 
of Quincy; from the fourth, the portion of Illinois just re¬ 
ferred to, all of Wisconsin, and that part of Minnesota east 
of the Mississippi; from the fifth, Arkansas, Missouri, Iowa, 
Minnesota west of the Mississippi, and the Dakotas east of the 
Missouri. 

The sixth coincides with meridian 97° 22', west of Greenwich. 
From it are surveyed Kansas, Nebraska, Dakota south and 
west of the Missouri, Wyoming, and all of Colorado except the 
valley of the Eio Grande del Norte. 

Michigan, Florida, Alabama, Mississippi, and the states and 
territories in the far west are surveyed from special meridians. 

HOW TO SECURE PUBLIC LANDS, 

As a general rule, only surveyed lands are subject to entry. 
Under the mineral land laws, however, claims can be located 
upon uiisurveyed lands. 

The public lands are divided as to price into two classes: 
tliose whose minimum price is $1.25 per acre and those whose 
minimum is $2.50 per acre. The latter, usually called ‘ ‘ double 
minimum lands,” are in most cases the alternate sections 
reserved in railroad or other public land grants. In some 
cases Indian reservations restored to the public domain have 
been rated differently, the price varying from below the sin¬ 
gle minimum to above the double minimum. 

The remaining public lands are subject to entry under the 
homestead law, the desert land law, and the timber and stone 
act; by the location of scrip; and as town-site entries. Min¬ 
eral lands are subject to entry only under the mining laws; 
and special laws provide for the disposal of coal lauds and 
lands containing petroleum. 


now SOME Tlimos ARE DONE. 


343 


Any person who is tlie head of a family or is over twenty- 
one years old, and who is a citizen of the United States, or 
has declared his or her intention to become such, may enter 
160 acres of land without cost, except the land-office fees pro¬ 
vided by law, inhabiting, cultivating, and making actual 
residence thereon for the period of five years; or such a set¬ 
tler may at the expiration of fourteen months from date of 
settlement commute the entry by paying the government price 
for the land. 

No part of the public domain is now (since 1889) subject to 
private cash entry, except in the state of Missouri and in cases 
where Congress has made special provision therefor. The pre¬ 
emption and timber culture laws were repealed in 1891. It has 
also been pi’ovided that no public lands of the United States 
shall be sold by public sale, except abandoned military reserva¬ 
tions of less than 5,000 acres, mineral lands and other lands of 
a special nature, and isolated tracts that have been subject to 
homestead entry for three years after the surrounding land 
has been disposed of. 

HOW SLAVERY WAS ABOLISHED IN THE SEVERAL STATES. 

The slave trade was prohibited by congress in 1808. From 
that time on it was a felony to bring slaves into the United 
States. 

Slavery never legally existed in the states carved out of the 
Northwest Territory. It was forbidden by the ordinance of 
1787. 

Vermont abolished it in forming her state constitution in 
1777.* 

Massachusetts, by constitution, 1780. 

Pennsylvania, gradual abolition by statute, began in 1780; 
had 64 in 1840. 

New Hampshire, by constitution, 1783. 

Khode Island and Connecticut, gradual abolition, 1784. 

New York began in 1799, finished July 4, 1827. 

New Jersey began in 1804, but had 18 in 1860. 

By the Missouri compromise, 1820, slavery ceased “in all that 
territory ceded by France to the United States, under the 
name of Louisiana, which lies north of 36 degrees and 30 min- 

* Before her admission into the Union. 


344 


APPENDIX, 


utes north latitude,” * except Missouri. This part of the act 
was, in the Dred Scott case, declared by the supreme court to 
be invalid, still a provision forbidding slavery found its way 
into the constitution of each of the states afterward seeking 
admission. 

By the emancipation proclamation, Jan. 1, 18G3, the slaves 
of those in arms against the United States were declared free. 

The thirteenth amendment, adopted 1865, abolished slavery 
in all parts of the United States. 

now VOTING IS DONE IN LEGISLATIVE BODIES.f 

Acclamation.— The most common way of voting on ordi¬ 
nary questions is by acclamation; that is, when a question is 
put those in favor of it say “aye,” and then those opposed say 
“no.” In this case, a majority of those voting prevails. 
Tliis is sometimes called voting viva voce. 

Division.— If the presiding oflicer is uncertain as to which 
side is in the majority, he may call for a division, or this may 
be demanded by any member. Then those voting in the affir¬ 
mative stand and are counted, after which those voting in the 
negative do similarly. 

Yea and Nay.— On important questions in congress, or on 
any question by demand of one-fifth of the members, the vote 
is by “yeas and nays'” that is, the roll is called, and each 
member responds “yea” or “n .y.” In some states, including 
Minnesota, all hills must be voted on in this way, and must re¬ 
ceive a majority of the total membership in order to pass. 

HOW LAAVS ARE MADE.J 

Framing a Bill.— A bil. is a proposed law. The framing 
or drawing up of a bill may be done by any person. For in¬ 
stance, a citizen desiring legislation on any matter may for¬ 
mulate a bill for consideration by the legislature. But many 
requests for legislation come in the form of petitions, in which 
case the member to Avhom the matter is committed by the 
petitioners usually frame-? the bill. Many bills originate in 
committee, some of them as substitutes. 

Bringing in.— At the time set in the daily order of busi¬ 
ness for introducing bills, the member announces his bill by 

* Thomas amendment to act for admitting Missouri. 

+ iSee also Among the Lawmakers, pp. 1G8-70. 

X The Minnesota process, given as a type. 


now S03IE THINGS ARE DONE, 345 

title, which should indicate the matter considered therein, and 
sends it to the clerk’s desk. 

Fii-st Reading-. —No bill can pass without at least three 
readings. When a bill is first presented, the clerk reads it at the 
table, and hands it to the speaker, who, rising, states to tlie 
house the title of the bill, and that this is the first reading of it. 

Commitment. —Unless objection is made, the bill, if not 
one which has been formulated by a committee, is then re¬ 
ferred for careful consideration to a committee, standing or 
special. The number of subjects coming before a legislative 
body is too great to permit the initial consideration of each 
by the whole body. It is a note-worthy fact that our law¬ 
making is virtually committee legislation. All bills for ap¬ 
propriating money shall before passage be referred to the 
finance committee. 

Second Reading.— When reported favorably by the com¬ 
mittee, with amendments, such amendments must be read in 
full, and if they are adopted the bill passes to its second read¬ 
ing, which is by title only. If the bill is of a general nature, 
it is printed and placed on the General Orders or list of bills 
ready for consideration by the committee of the whole. 

Committee of the Whole.— This consists of the entire 
membership of the house. Its work is to perfect bills before 
they come up for final passage. To this end great freedom of 
debate is permitted. This is the last opportunity to offer 
amendments, except by unanimous consent. When the house 
resolves itself into committee, the regular presiding officer 
leaves the chair after designating a member to act as chair¬ 
man. When the committee rises, the presiding officer resumes 
the chair and the chairman of the committee reports its action. 
Bills reported favorably are engrossed, that is, rewritten 
neatly as amended, and are placed on the Calendar, or list of 
bills ready for third reading. 

Third Reading.— This is in full, and the question is on the 
passage of the bill. If passed the bill is sent to the other 
house, with the announcement that it has passed the first 
house. 

Action in other House.— The bill is treated in the other 
house as in the first. If passed, it is returned similarly to the 
house in which it originated. If passed with amendments, 
these are considered. 


ATPE?s^DIX. 


346 

Enroll incut.— When it has passed both houses, the bill is 
plainly and accurately written on parchment, under super¬ 
vision of the committee on enrolled bills. 

Sig'ning-.— The enrolled bill is signed by the presiding officer 
of each house, and, if he approves it, by the executive. 

Disposition.— The bill is then carried by the executive to 
the secretary of state, who deposits it among the archives. 
Copies are made for publication.* 


D.—SOME PRINCIPLES OF INTERNATIONAL 

LAAV. 

Nature and Origin.— A savage meeting in the forest a 
person whom he has never seen before is apt to look upon him 
as a foe. As civilization increases, danger to one’s personal 
rights decreases, and stranger ceases to mean enemy. It has 
gradually come about that the confidence and courtesy shown 
to one another by men in their individual relations have 
extended to the relations of states. Morality, reason, and 
custom have established among the nations certain rules of 
conduct wfith respect to one another. The rules constitute 
what is called international law. 

As might be guessed, international law is a matter of com¬ 
paratively recent origin, and exists only among the most highly 
civilized nations. Not being the enactment of any general 
legislative body, having no courts competent to pass upon it 
nor executive to enforce its provisions, this law must be 
framed by agreement, and its carying out must rest upon 
national good faith. 

PEACE RELATIONS. 

The great purpose of international law being to preserve 
peace by removing the causes of war, we shall first consider 
some of the arrangements operative in times of peace. 

Non-interfereuce.— Among individuals it is found that, 
as a rule, it is best for each person to mind his owm business. 
Similarly, among nations non-interference by one with the 
internal affairs of another is a cardinal principle. 


* Read Among the Lawmakers, pp. GO-64. 




PBINCIPLES OF INTFPNATIONAL LAW. U7 

It is, tlierefore, a general rule that a people may adopt such 
form of government as they choose, and that whenever they 
wish they may amend or entirely alter it.* And the govern¬ 
ment formed has a right to operate without dictation from 
other powers. Nor has any foreign nation a right to inquire 
/lOTc the government has come into being; sufficient that it is 
the government. 

This right of a nation to manage its own affairs is called 
sovereignty. It belongs to a small independent nation as com¬ 
pletely as to a large one. The act of one government in 
acknowledging the validity and sovereignty of another is called 
recognizing it. (See page 849, last paragraph.) 

It is sometimes a delicate question to determine whether to 
recognize a community as a nation or not. Thus, if a depen¬ 
dency is seeking to become independent, our personal sympa¬ 
thies are naturally wdth it, and yet it might be contrary to the 
law of nations, an “unfriendly act” to the sovereign power, for 
our government to recognize its independence. During the 
struggle of the Spanish-American colonies for separate polith 
cal existence, John Quincy Adams, then (1822) secretary of 
state, formulated the proper rule of action thus: “In every 
question relating to the independence of a nation two princi¬ 
ples are involved, one of right and the other of /acf, the former 
exclusively depending upon the determination of the nation 
itself, and the latter resulting from the successful execution of 
that determination. * * * The government of the United 
States yielded to an obligation of duty of the highest order by 
recognizing as independent states nations which, after delib¬ 
erately asserting their right to that character, have maintained 
and established it against all the resistance which had been or 
could be brought to oppose it. This recognition is * * * 
the mere acknowdedgment of existing facts.” f 

Although sovereignty implies the right of a government to 
enter freely into such relations wdth any other nation as may 
be mutually agreeable, the nations of Europe feel at liberty in 
self-defense to interfere wdth any arrangements that threaten 
the “balance of powmr.” Thus France w^ould feel justified in 
opposing a very close alliance between Prussia and Spain. 


* A change in the forna of government does not release the nation from 
prior obligations. 

f "Wharton’s International Law Digest, Volume I., page 162. 



.348 


APPENDIX. 


It is our good fortune not to have any dangerous neighbors. 
We are reasonably sure of peace so long as we act in accor¬ 
dance with the counsel of AVashington, “Friendly relations 
with all, entangling alliances with none.” 

Jiirisclictioii.—It is clear tliat the authority of a nation 
properly extends over the land within its borders and over its 
inland waters. It is equally clear that no nation should have 
exclusive jurisdiction over the ocean. It is generally under¬ 
stood that a nation’s authority extends out into the sea a 
marine league from shore. But difficulty is encountered in 
determining a rule of jurisdiction over bays, straits, wide¬ 
mouthed rivers and other coast-waters. Shall the United 
States of right freely navigate the St. Lawrence to its mouth, 
and the British the Yukon? Should Denmark receive tribute 
of ships passing through the sounds to the Baltic, and may 
Turkey prohibit foreign war vessels from passing through the 
Bosphorus? Is the mouth of the Amazon part of the “high 
seas?” Is Hudson’s Bay? Is Delaware Bay? The difliculty 
is to formulate a rule that shall not unnecessarily abridge 
commercial freedom but shall still have due regard to national 
defense. The question at large is not settled yet, but it seems 
to be agreed that in the cases of bays not more than ten miles 
wide at the mouth, the marine league shall be measured from 
a straight line joining the headlands. 

“The United States cannot purchase a grant of land in, or 
concession of right of way over, the territories of another na¬ 
tion, as could an individual or a private corporation.” 

Intercourse.— While as an act of sovereignty a nation may 
shut out from its borders any or all of the rest of mankind, inter¬ 
course is so natural and is usually so mutually profitable that 
such prohibition is almost unknown among civilized nations. 
Intercourse is regulated in different nations in various ways. 
Some limit or control it by a passport system; some by special 
supervision of strangers; some by a protective tariff; others 
by giving to one nation commercial privileges not given to 
another. 

Among the general rules that govern intercourse are these: 
Aliens are entitled to protection from violence for themselves 
and their property. They are amenable to the laws of the 
country in which they are sojourning, except in certain orien¬ 
tal and other partly civilized countries. Aliens may expatriate 


PBINCIFLES OF INTERNATIONAL LAW. 349 


themselves and may become naturalized in the land of their 
adoption. “The right of emigration is inalienable; only self- 
imposed or unfulfilled obligations can restrict it.”* 

The principle that crime should be tried and punished where 
committed stands in the way of the trial of a culprit who has 
escaped to another country. But for mutual protection most 
of the civilized nations have treaties for the extradition of 
criminals. The United States have extradition treaties with 
over twenty countries. (See How Criminals Are Extradited, 
page 337.) 

Ambassadors and Consuls.— We have considered briefly 
the rights and duties of individual sojourners in foreign lands. 
Let us now consider the modes and means of intercourse be¬ 
tween the governments themselves. 

Formerly when a nation wished to come to an understand¬ 
ing with another it sent a special messenger clothed with 
necessary authority to act; but for about two hundred years 
these representatives have, as a rule, taken up their residence 
at the capitals of the countries to which they are sent. 

There are various grades of these ambassadors. Ours in 
order of rank are ambassadors, envoys-extraordinary and 
ministers plenipotentiary, ministers resident, envoys,-charges 
d’affaires, and, temporarily, secretaries of legation. 

“ Ambassadors [including all of the above] always and every¬ 
where have had special immunities and often something of a 
sacred character. * * * Neither public authority nor pri¬ 
vate persons can use any force, or do any violence to him, 
without offending against the law of nations.”! This immu¬ 
nity extends to his house, furniture, and attendants. Except 
in extreme cases, he is exempt from civil or criminal process. 

These diplomatic agents are appointees of the executive. 
Official communications with the president are made through 
the secretary of state. “In all negotiations between nations, 
sovereign should always speak to sovereign and minister to 
minister.” 

A country may decline to receive amj embassador from a 
certain nation; and this may be necessary in case of a civil 
war in which two parties claim to be the legal authorities, be- 

* Heffter, quoted in Woolsey’s International Law. 

t Except that if necessary for self-defense, passive resistance may be 

made. 


350 


APPENDIX. 


cause receiving the ambassador of one party would be equiva¬ 
lent to recognizing it as the legitimate authority. And it may, 
without offense, decline to receive li loarticular ambassador, on 
account of some objection to him personally. It may also de¬ 
cline to treat with a minister who has so deported himself as 
to become distasteful. 

When an ambassador arrives at the capitol of the country to 
which he is sent, he seeks an interview with the secretary in 
charge of foreign affairs and delivers to him a copy of his cre¬ 
dentials. Afterwards on a day appointed for the purpose, tlie 
secretary presents him to the executive (sovereign or presi¬ 
dent), to whom he delivers the original commission. 

Ambassadors of all grades are expected to avoid all interfer¬ 
ence with political movements in the countries where they are 
stationed. 

Consuls are the commercial agents of a country. They are 
stationed at the principal ports of the world. Their chief 
functions are: 

1. To furnish their government information that may be of 
service in the commercial relations of the countries. 

2. To settle disputes between masters and crews of merchant 
vessels in the port sailing under the protection of the flag of 
the consul’s country. 

3. To reclaim deserters from vessels, and provide for desti¬ 
tute seamen. 

4. In some non-Christian lands to act as judge in cases in 
which a countryman or other person from a Christian state is 
a party. (See also page 321.) 

Treaties.— Treaties are contracts* between nations, and in 
international law much resemble ordinary contracts in muni¬ 
cipal law. For instance, they can be made only by certain 

*This from Woolsey’s International Law is too good to be omitted: “A 
contract is one of the liighest acts of human free-will; it is the will binding 
itself in regard to the future, and surrendering its right to change ex¬ 
pressed intention, so that it becomes morally and jurally a wrong to act 
otherwise; it is the act of two parties in which each or one of the two con¬ 
veys power over himself to the other in consideration of something done 
or to be done by the other. The binding force of contracts is to be deduced 
from the freedom and foresight of man, which wmuld have almost no 
sphere in society or power of co-operation, unless trust could be excited. 
Trust lies at the basis of society; society is essential for the development 
of the individual; the individual could not develop his free forethought 
unless an acknowledged obligation made him sure in regard to the actions 
of others. That nations as well as individuals are bound by contract, will 
not be doubted when we remember that they have the same properties of 
free will and foresight; that they can have no safe intercourse otherwise.” 



PRINCIPLES OF INTERNATIONAL LAW. 351 


persons—the constituted authorities of nations, or by persons 
specially deputed by them for that purpose. A treaty cannot 
obligate to do an unlawful act. There must be consideration 
—a treaty which sacrifices the interests of one party is not 
binding upon that party. Treaties obtained by fraud or force 
are not binding. 

Further similarity between municipal and international law 
is to be seen. The minister appointed to negotiate the treaty 
is an agent, and his wmrk is subject to the general law of 
agency. Thus, if he acts wdthin his instructions, his principal 
(the nation) is bound by what he does, and the treaty-making 
power is in honor bound to ratify the treaty. From this it 
will properly be inferred that there is an implied understand¬ 
ing that the sovereign, or other power intrusted with the 
making of treaties, reserves the right to accept or reject the 
work of the agent. (See sample treaty, page 360.) 

Remedy.— In municipal law, remedy for a wrong is ob¬ 
tained through the courts, if personal influence fails. Among 
nations there is no general court having jurisdiction. If re¬ 
dress cannot be obtained by remonstrance, arbitration, or 
other peaceful means, it may be sought through retaliation or 
finally in war. 


WAR RELATIONS. 

“International law assumes that there must be wars and 
fightings among nations, and endeavors to lay down rules by 
which they shall be brought within the limits of justice and 
humanity. ” 

Causes.— A nation may w^age war to defend any right which 
as a state it is bound to protect, to redress wu'ong, or to pre¬ 
vent injury; for instance, to defend its own sovereignty; to 
protect a citizen in his rights; to obtain satisfaction for insults 
to its flag, its ambassadors, or its good name; for the violation 
of treaty rights; to prevent injury, as by checking the onward 
march of some “conquering hero.” War for conquest is not 
now recognized as legitimate. 

Begimiing-.— “War between independent sovereignties, is 
and ought to be, an avowed, open way of obtaining justice.” 
Even among the ancients announcements were usually made 
before war w^as begun. The Greeks sent a herald to carry the 
news. “Among the Homans the ceremonies of making known 


APPENDIX. 


352 

the state of war were very punctilious.” But formal declara. 
tions of war are now falling into disuse; not from any inten¬ 
tion of taking the enemy unawares, but because of the rapidity 
with which news is now disseminated. Still a state is in honor 
bound to indicate in some way its changed relation. This is 
due to the enemy, and just to its own citizens and to neutrals, 
that they may know how to act. The enemy is usually in¬ 
formed by the peremptory dismissal of its amdassador; the 
citizens and neutrals by a manifesto of some kind. (See p. 354.) 

Between whom.— War being an interruption of peaceful 
relations, commerce between the citizens is at an end—is for¬ 
bidden. Contracts between them then become either “impos¬ 
sible in their nature” or “unlawful,” and therefore void. 

The war is not between the individual citizens of the two 
countries, it is between the governments and is waged by au¬ 
thorized agents—the soldiers and sailors enlisted for the 
purpose. “The smallest amount of injury consistent with 
self-defense and the sad necessity of war, is to be inflicted.” 
Passive citizens are not unnecessarily to be molested. 

Weapons.— aVo^ “all things are fair in war.” Though in¬ 
genuity may properly tax itself to produce death-dealing in¬ 
struments, underhanded means, such as poisoning springs or 
spreading a plague, are condemned; nor is it now regarded as 
consistent with right for a civilized nation to employ against 
another, persons accustomed to an inhuman mode of warfare. 

Heralds and Spies. —Heralds bearing flags of truce are 
inviolable—they must not be molested. Spies, unless in their 
regimentals, are subject to the death penalty if caught. 

Pirates and Privateers. —Pirates, acting under no au¬ 
thority, liaving no purpose to serve except to enrich them¬ 
selves at the expense of any one else, are not protected by any 
nation, and may be put to death by any one capturing them. 
But privateers, acting as an arm of the government and by its 
authority, granted by its letters of marque and reprisal, must 
be treated as prisoners of war. 

Prisoners of War.— Prisoners taken in war were formerly 
the property of their captors, to be used for their pleasure or 
profit as slaves. Modern usage requires that they be merely 
detained; that they be fed and sheltered with reasonable com¬ 
fort, and not treated with any unnecessary harshness. A 
common practice, worthy of encouragement, is that of ex- 


PRINCIPLES OF INTERNATlONxiL LAW. 353 

chaDging prisoners, thus restoring them to their own side. 
Sometimes, too, prisoners are released on parole^ that is, on 
their word of honor not to re-enter the army. If a paroled 
prisoner breaks his word in this respect, upon recapture he. is 
liable to be put to death. 

Termination.— Peace comes by treaty. There is usually a 
preliminary treaty, containing the general statement of condi¬ 
tions to which both parties will consent. When all the details 
have been arranged, a definitive treaty is concluded. Treaties 
of peace go into effect as between the parties, wlien they are 
signed; as between individuals of the billigereut nations, 
when they are notified. 

RIGHTS AND OBLIGATIONS OF NEUTRALS. 

When intercourse between the countries of the world was 
small, owing to lack of facilities, the rights of neutrals were 
regarded as unimportant. But intercourse has increased so 
enormously, that no great war can be waged without inter¬ 
fering with the interests of almost all tlie rest of the world, 
and the rights of neutrals are assuming more importance in 
international law. 

The great obligation resting upon neutrals is “ to allow noth¬ 
ing to the belligerents which either would object to as being 
adverse to his interests.” 

Wliat Neutrals may do. —The common instincts of hu¬ 
manity may be complied with. Thus a ship of war in distress 
may run into a neutral port. Soldiers running into neutral 
territory may be disarmed and then protected as non-com¬ 
batants. 

Things Contraband. —It is a breach of neutrality to lend 
money or furnish troops or munitions of war to a belligerent, 
or to allow ships of war to be built by citizens of the neutral 
power within its borders, if it knows (or should know) that 
they are to be armored and used in the service of one of the 
belligerents. 

Citizens of Neutral States. —Members of a neutral state 
may lend moiiey to a belligerent or may go into the army or 
navy of a belligerent without breach of the neutrality of their 
nation. They may sell goods, except materials of war, to 
either belligerent. 


354 


APPENDIX. 


Blockade. —A belligerent may, as a war measure, close the 
ports of the enemy. This is called a blockade. Two things 
are necessary to make a blockade valid—due notice must be 
given, and the blockade must be made effective by placing be¬ 
fore the ports armed vessels to prevent the entrance of trading 
vessels. If the conditions have been complied with, neutrals 
trade with the port at the risk of losing all captured ships and 
cargoes. 


DECLARATION OF WAR— 1812 . 

An act declaring war between the United Kingdom of Great 
Britain and Ireland, and the dependencies thereof, and the 
United States of America and their territories.* 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That 
war be, and the same is liereby declared to exist between the 
United Kingdom of Great Britain and Ireland, and the de¬ 
pendencies tliereof, and the United States of America and 
their territories; and that the President of the United States 
is hereby authorized to use the whole land and naval force of 
the United States to carry the same into effect, and to issue to 
private armed vessels of the United States commissions, or 
letters of marque and general reprisal, in such form as he shall 
think proper, and under the seal of the United States, against 
the vessels, goods, and effects, of the government of the United 
Kingdom of Great Britain and Ireland and the subjects 
thereof. 


* Drawn by William Pinckney, Attorney General of the United States. 



DOCUMENTS, 


355 


E. —DOCUMENTS. 

ACT AUTHORIZING A STATE GOVERNMENT. 

[Passed February 26,1857.] 

Section 1. Be it enacted by the Senate and House of Representatives of 
the United States of America, in Congress assembled. That the inhabitants 
of that portion of the Territory of Minnesota which is embraced within 
the following limits, to-wit: beginning at the point in the center of the 
main channel of the Red River of the North, where the boundary line be¬ 
tween the United States and the British Possessions crosses the same; 
thence up the main channel of said river to that of the Bois de Sioux River; 
thence up the main channel of said river to Lake Traverse; thence up the 
centre of said lake to the southern extremity thereof; thence in a direct 
line to the head of Big Stone Lake; thence through its centre to its outlet; 
thence by a due south line to the north line of the State of Iowa; thence 
along the northern boundary of said state to the main channel of the Mis¬ 
sissippi River; thence up the main channel of said river, and following the 
boundary line of the State of Wisconsin, until the same intersects the St. 
Louis River; thence down the said river to and through Lake Superior on 
the boundary line of Wisconsin and Michigan, until it intersects the divid¬ 
ing line between the United States and the British Possessions; thence up 
Pigeon River and following said dividing line to the place of beginning, 
be, and they hereby are authorized to form for themselves a constitution 
and state government by the name of the State of Minnesota, and to come 
into the Union on an equal footing with the original states, according to 
the federal constitution. 

Sec. 2. And be it further enacted, That the State of Minnesota shall have 
concurrent jurisdiction on the Mississippi and all other rivers and waters 
bordering on the said State of Minnesota, so far as the same shall form a 
common boundary to said state and any state or states now or hereafter to 
be formed or bounded by the same; and said river or waters leading into 
the same shall be common highways, and forever free, as well to the in¬ 
habitants of said state as to all other citizens of the United States, without 
any tax, duty, impost, or toll therefor. 

Sec. 3. And be it further enacted. That on the first Monday in June 
next, the legal voters in each representative district then existing within 
the limits of the proposed state, are hereby authorized to elect two dele¬ 
gates for each representative to which said district may be entitled accord¬ 
ing to the apportionment for representatives to the territorial legislature, 
which election for delegates shall be held and conducted, and the returns 
made, in all respects in conformity with the laws of said territory regulat¬ 
ing the election of representatives; and the delegates so elected shall 
assemble at the capitol of said territory on the second Monday in July 
next, and first determine by a vote whether it is the wish of the people of 
the proposed state to be admitted into tlue Union at that time; and if so, 
shall proceed to form a constitution, and take all necessary steps for the 
catablishment of a state government, in conformity with the federal con- 

31 


356 


APPENDIX. 


stitution, subject to the approval and ratification of the people of the pro¬ 
posed state. 

Sec. 4. And be it further enacted, That in the event said convention shall 
decide in favor of the immediate admission of the proposed state into the 
Union, it shall be the duty of the United States marshal for said territory 
to proceed to take a census or enumeration of the inhabitants within the 
limits of the proposed state, under such rules and regulations as shall be 
prescribed by the Secretary of the Interior, with a view of ascertaining the 
number of representatives to which said state may be entitled in the Con¬ 
gress of the United States. And said state shall be entitled to one repre¬ 
sentative, and such additional representatives as the population of the 
state shall, according to the census, show it would be entitled to according 
to the present ratio of representation. 

Sec. 5. And be it further enacted. That the following propositions be, 
and the same are hereby oflTered to the said convention of the people of 
Minnesota for their free acceptance or rejection; which, if accepted by the 
convention, shall be obligatory on the United States, and upon the said 
State of Minnesota, to-wit: 

That sections numbered sixteen and thirty-six in every township 
of public lands in said state, and where either of said sections, or any part 
thereof, has been sold or otherwise disposed of, other lands, equivalent 
thereto, and as contiguous as may be, shall be granted to said state for the 
use of schools. 

/Seco/irfo—That seventy-two sections of land shall be set apart and reserved 
for the use and support of a state university, to be selected by the Governor 
of said state, subject to the approval of the Commissioner of the General 
Ijand Office, and to be appropriated and applied in such manner as the 
legislature of said state may prescribe, for the purpose aforesaid, but for no 
other purpose. 

Third.—Ten entire sections of land to be selected by the Governor of said 
otate, in legal sub-divisions, shall be granted to said state for the purpose of 
(completing the public buildings, or for the erection of others at the seat of 
government, under the direction of the legislature thereof. 

Fourth .—That all salt springs within said state, not exceeding twelve in 
number, with six sections of land adjoining or as contiguous as may be to 
each, shall be granted to said state for its use; and the same to be selected 
by the Governor thereof within one year after the admission of said state, 
and, when so selected, to be used or disposed of on such terms, conditions 
and regulations as the legislature shall dii’ect; provided, that no salt spring 
or land, the right whereof is now vested in any individual or individuals, 
or which may be hereafter confirmed or adjudged to any individual or in¬ 
dividuals, shall by this article be granted to said state. 

Fifth.—T\\o.i five per centum of the net proceeds of sales of all public 
lands lying within said state, which shall be sold by Congress after the ad-' 
mission of said state into the Union, after deducting all the expenses inci¬ 
dent to the same, shall be paid to said state for the purpose of making 
public roads and internal improvements, as the legislature shall direct; 
provided, the foregoing propositions herein offered, are on the condition 
that the said convention which shall form the constitution of said state, 
shall provide, by a clause in said constitution, or an ordinance, irrevocable 
Without the consent of the United States, that said state shall never inter- 


DOCVilENTS. 


357 


fere with the primary disposal of the soil within the same by the United 
States, or with any regulations Congress may find necessary for securing 
the title in said soil to bonaJide purchasers thereof; and that no tax shall 
be imposed on lands belonging to the United States, and that in no case 
shall non-resident proprietors be taxed higher than residents. 


ACT ADMITTING MINNESOTA INTO THE UNION. 

[Passed May 11, 1858.] 

Whereas, an act of Congress was passed February twenty-sixth, eigh« 
teen hundred and fifty-seven, entitled “An act to authorize the people of 
the Territory of Minnesota to form a constitution and state government 
preparatory to their admission into the Union on an equal footing with 
the original states;” and whereas, the people of said territory did, on the 
twenty-ninth day of August, eighteen hu7idred and fifty-seven, by dele¬ 
gates elected for that purpose, form for themselves a constitution and state 
government, which is republican inform, and was ratified and adopted by 
the people at an election held on the thirteenth day of October, eighteen 
hundred and fifty-seven, for that purpose; therefore, 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled. That the State of Minnesota 
shall be one, and is hereby declared to be one of the United States of 
America, and admitted into the Union on an equal footing with the origi¬ 
nal states, in ali respects whatever. 

Sec. 2. And be it further enacted. That said state shall be entitled to 
two representatives in Congress, until the next apportionment of repre¬ 
sentatives amongst the several states. 

Sec. 3. And be it further enacted. That from and after the admission of 
the State of Minnesota, as hereinbefore provided, all the laws of the United 
States, which are not locally inapplicable, shall have the same force and 
effect within that state as in other states of the Union; and the said state 
is hereby constituted a judicial district of the United States, within which 
a district court with the like powers and jurisdiction as the district court 
of the United Stales for the district of Iowa, shall be established; the judge, 
attorney and marshal of the United States for the said district of Minne¬ 
sota, shall reside within the same, aud shall be entitled to the same com¬ 
pensation as the judge, attorney and marshal of the district of Iowa; and 
in all cases of appeal or writ of error heretofore prosecuted aud now pend¬ 
ing in the supreme court of the United States upon any record from the 
supreme court of Minnesota Territory, the mandate of execution or order 
of further proceedings shall be directed by the supreme court of the United 
States to the district court of the United States for the district of Minne¬ 
sota, or to the supreme court of the State of Minnesota, as the nature of 
such appeal or writ of error may require; and each of those courts shall be 
the successor of the supreme court of Minnesota Territory, as to all such 
cases, with full power to hear and determine the same, and to award mesne 
or final process therein. 


358 


APPENDIX. 


RESTORATION OF TENNESSEE TO THE UNION, 1866. 

(Thirty-ninth Congress, First Session.) 

Joint resolution restoring Tennessee to her relations to the Union. 

Whereas, in the year eighteen hundi’ed and sixty-one, the government 
of the state of Tennessee was seized upon and taken possession of by per¬ 
sons in hostility to the United States, and the inhabitants of the state in 
pursuance of an act of Congress, were declared to be in a state of insurrec¬ 
tion against the United States; and whereas, said state government can 
only be restored to its former political relations in the Union by consent 
of the law-making power of the United States; and whereas, the people of 
said state did on the twenty-second day of February, eighteen hundred 
and sixty-five, by a large'popular vote, adopt and ratify a constitution of 
government whereby slavery was abolished, and all ordinances and laws 
of secession and debts contracted under the same were declared void; and 
whereas a state government has been organized under said constitution 
which has ratified the amendment to the constitution of the United States 
abolishing slavery, also the amendment propcsed by the thirty-ninth 
Congress, and has done other acts proclaiming and denoting loyalty; 
Therefore, 

Be it resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the state of Tennessee is 
hereby restored to her former proper, practical relations to the Union, and 
is again entitled to be represented by senators and representatives in 
Congress. 

Approved, July 24,1866. 


THE MECIvLENBURGII RESOLUTIONS— 1775. 

I. Resolved, That whosoever directly or indirectly abets, or in any way, 
form, or manner countenances the unchartered and dangerous invasion 
of our rights, as claimed by Great Britain, is an enemy to this country, to 
America, and to the inherent and inalienable rights of man. 

II. Resolved, That we do hereby declare ourselves a free and indepen¬ 
dent peoj)le; are, and of right ought to be a sovereign and self-govei’iiing 
association, under the control of no power, other than that of our God and 
the general government of the congress: To the maintainance of which 
independence we solemnly pledge to each other our mutual co-operation, 
our lives, our fortunes, and our most sacred honor. 

III. Resolved, That as we acknowledge the existence and control of no 
law or legal officer, civil or military, within this county, we do hereby or¬ 
dain and adopt as a rule of life, all, each, and every one of our former laws, 
wherein, nevertheless, the crown of Great Britain never can be considered 
as holding rights, privileges, or authorities therein. 

IV. Resolved, That all, each, and every military officer in this county 
is hereby reinstated in his former command and authority, he acting con¬ 
formably to their regulations, and that every member present of this dele¬ 
gation, shall henceforth be a civilofficer, viz.: a justice of the peace, in the 
character of a committee man, to issue process, hear and determine all 
matters of controversy, according to said adopted laws, and to preserve 


DOCVMENTIS. 


peace, union, and harmony in said county, to use every exertion to spread 
the love of country and Are of freedom tliroughout America, until a more 
general and organized government be established in this province. 

Abraham Alexander, Chairman. 

John McKnitt Alexander, Secretary. 

Note.— This declaration of independence (with a supplementary set of 
resolutions establishing a form of government) was adopted by a conven¬ 
tion of delegates from different sections of Mecklenburgh county, which 
assembled at Charlotte, May 20, 1775. 


AGREEMENT BETWEEN THE SETTLERS AT NEW PLYMOUTH. 


In the name of God, amen. \ye, whose names are underwritten, the 
loyal subjects of our dread Sovereign Lord King James, by the grace of 
God, of Great Britain, France, and Ireland, King, Defender of the Faith, 
Ac. Having undertaken for the glory of God, and advancement of the 
Christian faith, and the honour of our king and country, a voyage to plant 
the first colony in the northern parts of Virginia; 

Do by these presents, solemnly and mutually, in the presence of God 
and one another, covenant and combine ourselves together into a civil 
body politick, for our better ordering and preservation, and furtherance of 
the ends aforesaid. And by virtue hereof do enact, constitute and frame, 
such just and equal laws, ordinances, acts, constitutions, and officers, from 
time to time, as shall be thought most meet and convenient for the gen¬ 
eral good of the colony, unto which we promise all due submission and 
obedience. 

In witness whereof we have hereunto subscribed our names at Cape Cod 
the eleventh of November, in the I’eign of our Sovereign Lord King James, 
of England, France, and Ireland, the eighteenth, and of Scotland, the fifty- 
fourth, anno domini, 1620. 


John Carver, 
William Bradford, 
Edward Winslow, 
SVilliam Brewster, 
Isaac Allerton, 
Miles Standish, 
John Alden, 

John Turner, 
Francis Eaton, 
James Chilton, 
John Craxton, 
John Billington, 
Joses Fletcher, 
John Goodman, 


Samuel Fuller, 
Christopher Martin, 
William Mullins 
William White, 
Richard Warren, 
John Howland, 
Steven Hopkins, 
Digery Priest, 
Thomas Williams, 
Gilbert Winslow, 
Edmund Margesson, 
Peter Brown, 
Richard Bitterldge, 
George Soule. 


Edward Tilly, 
John Tilly, 
Francis Cooke, 
Thomas Rogers, 
Thomas Tinker, 
John Ilidgdale, 
Edward Fuller, 
Richard Clark, 
Richard Gardiner, 
John Allerton, 
Thomas English, 
Edward Doten, 
Edward Liester, 


Note.— The “Pilgrims” who landed at Plymouth had procured before 
leaving Europe a grant of land from the London or South Virginia Com¬ 
pany, but had subsequently decided to establish a colony in New England. 
Before leaving the ship which had brought them across the Atlantic they 
drew up this compact. They obtained several successive letters patent 
from the Plymouth Company, but none of them were confirmed by the 
crown, and in 1691 the Plymouth colony was annexed to Massachusetts 
Bay. 


360 


AFPE^^DIX. 


TEXAS DECLARATION OF INDEPENDENCE— 1836. 


Whereas, General Antonio Lopez de Santa Anna and other military 
chieftains have, by force of arms, overthrown tiie fedei’al institutions of 
Mexico, aud dissolved the social compact which existed between Texas 
and the otlier membei's of the Mexican Confederacy,—Now, the good peo¬ 
ple of Texas, availing themselves of their natural rights, solemnly declare: 

1st. That they have taken up arms in defense of their rights and liber¬ 
ties, which were threatened by the encroachments of military despots, and 
in defense of the republican principles of the federal constitution of Mexico 
of eighteen hundred and twenty-four. 

2nd. That Texas is no longer, morally or civilly, bound by the compact 
of union; yet, stimulated by the generosity and sympathy common to a 
free people, they offer their support and assistance to such of the members 
of the Mexican Confederacy as will take up arms against military des¬ 
potism. 

3d. That they do not acknowledge that the present authorities of the 
nominal Mexican Republic have the right to govern within the limits of 
Texas. 

5th. That they hold it to be their right, during the disorganization of 
the federal system and the reign of despotism, to withdraw from the 
union, to establish an independent government, or to adopt such measures 
as they may deem best calculated to pi’otect their rights and liberties, but 
that they will continue faithful to the Mexican government so long as that 
nation is governed by the constitution and laws that were formed for the 
government of the political association. 

6th. That Texas is responsible for the expenses of her armies now in the 
field. 

7th. That the public faith of Texas is pledged for the payment of any 
debts contracted by her agents. 

8th. That she will reward by donations in land, all who volunteer their 
services in her present struggle, aud receive them as citizens. 

These declarations we solemnly avow to the world, and call God to wit¬ 
ness their truth and sincerity; and invoke defeat and disgrace upon our 
heads, should we prove guilty of duplicity. 


A. H. S. Kimble, Secretary. 


Richard Ellis, President. 


TREATY WITH GREAT BRITAIN— 18i6. 

The United States of America and Her Majesty the Queen of the United 
Kingdom of Great Britain and Ireland, deeming it to be desirable for the 
future welfare of both countries that the state of doubt and uncertainty 
which has hitherto prevailed respecting the sovereignty and government 
of the territory on the northwest coast of America, lying westward of the 
Rocky or Stony Mountains, should be finally terminated by an amicable 
compromise of the rights mutually asserted by the two parties over the 
said territory, have respectively named plenipotentaries to treat and 
agree concerning the terms of such settlement, that is to say: 

The President of the United States of America has, on his part, fur¬ 
nished with full powers James Buchanan, Secretary of State of the United 


DOCUMENTS. 


361 


States, and Her Majesty the C^ueen of the United Kingdom of Great 
Britain and Ireland, has, on her part, appointed the Right Honorable 
Richard Parkenham, a member of Her Majesty’s Most Honorable Privy 
Council, and Her Majesty’s Envoy Extraordinary and Minister Plenipo¬ 
tentiary to the United States; 

Who after having communicated to each other their respective full 
powers, found in good and due form, have agreed upon and concluded the 
following articles: 

ARTICLE I. 

From the point on the forty-ninth parallel of north latitude, where the 
boundary laid down in existing treaties and conventions between the 
United States and Great Britain terminates, the line of boundary between 
the territories of the United States and those of Her Brittanic Majesty 
shall be continued westwai’d along the said forty-ninth parallel of north 
latitude to the middle of the channel which separates the continent from 
Vancouver’s Island, and thence southerly through the middle of the said 
ctiannel, and of Fuca’s Straits, to the Pacific Ocean: Provided, however. 
That the navigation of the whole of the said channel and straits, south of 
the forty-ninth parallel of north latitude, remain free and open to both 
parties. 

ARTICLE II. 

From the point at which the forty-ninth parallel of north latitude shall 
be found to intersect the great northern branch of the Columbia River, 
the navigation of the said branch shall be free and open to the Hudson’s 
Bay Company, and to all British subjects trading with the same, to the 
point where the said branch meets the main stream of the Columbia, and 
thence down the said main stream to the ocean, with free access into and 
through the said river or rivers, it being understood that all the usual 
portages along the line thus described shall, in like manner, be free and 
open. 

In navigating the said river or rivers, British subjects, with their goods 
and produce, shall be treated on the same footing as citizens of the United 
States; it being, however, alwaj's understood that nothing in this article 
shall be construed as preventing, or intended to prevent, the Government 
of the United States from making any regulations respecting the naviga¬ 
tion of the said river or rivers not inconsistent with the present treaty. 

ARTICLE III. 

In the future appropriation of the territory south of the forty-ninth 
parallel of north latitude, as provided in the first article of this treaty, the 
possessory rights of the Hudson’s Bay Company, and of all British sub¬ 
jects who may be already in the occupation of land or other property law¬ 
fully acquired within the said territory, shall be respected. 

ARTICLE IV. 

The farms, lands, and other property of every description belonging to 
the Puget’s Sofind Agricultural Company, on the north side of the Colum¬ 
bia River, shall be confirmed to the said company. In case, however, the 
situation of those farms and lands should be considered by the United 
States to be of public and political importance, and the United States Gov- 





30 ^ 


APPEmiX. 


eminent should signify a desire to obtain possession of the whole, or of 
any part thereof, the property so required shall be transferred to the said 
Government, at a proper valuation, to be agreed upon between the parties. 

ARTICLE V. 

The present treaty shall be ratified by the President of the United 
Slates, by and with the advice and consent of the Senate thereof, and by 
Her Brittanic Majesty; and the ratifications shall be exchanged at London, 
at the expiration of six months from the dale hereof, or sooner if possible. 

In witness whereof the respective plenipotentiaries have signed the 
same, and have affixed thereto the seals of their arms. 

Done at Washington the fifteenth day of June, in the year of our Lord 
one thousand eight hundred and forty-six. 

James Buchanan. [l. s.] 

Richard Parkenham. [l. s.J 

Note.— This treaty was concluded at Washington, June 15, 1846, ratifica¬ 
tions were exchanged July 17, 1846, and it was proclaimed Aug. 5,1846. 


EMANCIPATION PROCLAMATION. 

Whereas on the twenty-second day of September, in the year of our 
Lord one thousand eight hundred and sixty two, a proclamation was 
issued by the President of the United States, containing, among other 
things, the following, to-wit: 

“That on the first day of January, in the year of our Lord one thousand 
eight hundred and sixty-three, all persons lield as slaves within any State, 
or designated part of a State, the people whereof shall then be in rebellion 
against the United States, shall be then, thenceforward, and forever free; 
and the Executive Government of the United States, including the mili¬ 
tary and naval authority thoreof, will recognize and maintain the free¬ 
dom of such persons, and will do no act or acts to repress such persons, or 
any of them, in any efforts they may make for their actual freedom. 

“That the Executive will, on the first day of January aforesaid, by proc¬ 
lamation, designate the States and parts of States, if any, in which the 
people thereof, respectively, shall then be in rebellion against the United 
States; and the fact that any State, or the people thereof, shall on that day 
be in good faith represented in the Congress of the United States, by mem¬ 
bers chosen thereto at elections wherein a majority of the qualified voters 
of such state shall have participated, shall, in the absence of strong coun¬ 
tervailing testimony, be deemed conclusive evidence that such State, and 
the people thereof, are not then in rebellion against the United States.” 

Now, therefore, I, Abraham Lincoln, President of the United States, by 
virtue of the power in me vested as Commander-in-Chief of the Army and 
Navy of the United States in time of actual armed rebellion against the 
authority and Government of the United States, and as a fit and necessary 
war measure for suppressing said rebellion, do, on this first day of Janu¬ 
ary, in the year of our Lord one thousand eight hundred and sixty-three, 
and in accordance with my purpose so to do, publicly proclaimed for the 
full period of one hundred days, from the day first above mentioned, order 
and designate as the States and parts of States wherein the people thereof 



VOCUMEKTS. 363 

respectively are this day in rebellion against the United States, the follow¬ 
ing, to-wit: 

Arkansas, Texas, Louisiana (except the parishes of St. Bernard, Plaque¬ 
mines, Jefferson, St. John, St. Charles, St. James, Ascension, Assumption, 
Terre Bonne, Lafourche, Ste. Marie, St. Martin, and Orleans, including the 
city of New Orleans), Mississipi^i, Alabama, Florida, Georgia, South Caro¬ 
lina, North Carolina, and Virginia, (except the forty-eight counties desig¬ 
nated as West Virginia, and also the counties of Berkeley, Accomac, 
Northampton, Elizabeth City, York, Princess Ann, and Norfolk, includ¬ 
ing the cities of Norfolk and Portsmouth), and which excepted parts are 
for the present left precisely as if this proclamation were not issued. 

And by virtue of the power and for the purpose aforesaid, I do order 
and declare that all persons held as slaves within said designated States 
and parts of States are and henceforward shall be free; and that the Ex¬ 
ecutive Government of the United States, including the military and 
naval authorities thereof, will recognize and maintain the freedom of 
said persons. 

And I hereby enjoin upon the people so declared to be free to abstain 
from all violence, unless in necessary self-defense; and I recommend to 
them that, in all cases when allowed, they labor faithfully for reasonable 
wages. 

And I further declare and make known that such persons, of suitable 
condition, will be received into the armed service of the United States to 
garrison forts, positions, stations, and other places, and to man vessels o£ 
all sorts in said service. 

And upon this act, sincerely believed to be an act of justice, warranted 
by the Constitution upon military necessity, I invoke tho considerate 
judgment of mankind, and the gracious favor of Almighty God. 

In testimony whereof I have hereunto set my name and caused the seal 
of the United States to be affixed. 

Done at the city of Washington this first day of January, in the year of 
our Lord one thousand eight hundred and sixty-three, and of the 
[l. s.J independence of the United States the eighty-seventh. 

Abkaham Lincoln. 

By the President: 

William H. Sbwabd, Secretary of State. 


GENERAL INDEX 


NUMBERS REFER TO PAGES. 


Absent Members, 84,142,148. 

A-Ccommoclation Paper, 266. 

Accused, Rights of, 88,77,210,280,281. 

Adjournment of Congress, 142, 144. 

Administrative Boards, 97. 

Administrator, 56,57. 

Admission of States, 72, 217, 357. 

Advice and Consent of Senate, 97, 
198. 

Age, of State OtTicers, 292-800; of 
Representatives, U.S., 126; of Sen¬ 
ators, U. S., 136; Roman, 186; of 
President, 188; of Sovereigns, 188, 
302. 

Agency, Law of, 258. 

Agreement on board the May¬ 
flower, 359. 

Agriculture, Department of, 197,306. 

Aliens, 319, 348. 

Alliances, States forbidden to form, 
174,175. 

Ambassadors, 198, 202, 207, 209, 347, 
349. 

Amendments, to Constitution, 75, 
221, 225-243; to Bills, 346. 

Annapolis Naval Academy, 196, 
311. 

Appeals, 22, 29, 99,101,102, 210. 

Appellate Jurisdiction, 99, 101, 210. 

Appointive Offices, 37,97,195,198,201, 
306-9. 

Apportionment, 80, 102, 112, 128, 184, 
240, 316-7. 

Arbitration, 21, 351. 

Argument, 28. 

Aristocracy, 244, 245, 248. 

Aristotle quoted, 244. 

Army, 160, 161, 174, 194, 309. 

Arrest, 29, 85,145. 

Articles of Confederation, 110-115. 

Assembly, Freedom of, 76, 228. 

Atlantic Monthly, 65, 244. 

Attachment, Writ of, 25, 279. 

Attainder, Bills of, 77, 170,174. 

Attorney, Village, 37; City, 40; 
County, 50; State, 92, 102-3; U. S., 
196. 306; Power of. 254. 

Auditor, County, 46, 47, 269; State, 
92,102-3. 

Australian Plan of Voting, 325. 

Authentication, 

Award of Damages, 18. 

Bail, 32, 234, 284. 

Balance of Power in Europe, 847. 

Bankruptcies, 155,175. 


Battle, Trial by, 20. 

Beginning of a Trial, 25. 

Bicameral System, 80, 118, 124, 292, 
300. 

Bills for Raising Revenue, 86, 149. 

Birth of the Nation, 110. 

Blackstone, referred to, 21. 

Blockade, 354. 

Bond, Official, 14,19, 47,103; in Suit, 
25; in Aijpeal, 29; Bail, 32; form of, 
272. 

Booth’s Manuals and Forms: Rec¬ 
ommended to Teachers, 7; re¬ 
ferred to, 17; quoted, 269. 

Borrow, Congress may, 112,153,165. 

Boy-courts, 19-21. 

Burden of Proof, 28, 233. 

Cabinet,' Officers, 195-7, 306; Meet¬ 
ings, 197. 

Canvassing Boards, 325, 330. 

(’aptures on Land or Sea, 159,352,360. 

Care of Poor, 66, 98. 

Care of Public Funds, 14,19, 47,173, 
306. 

Causes of Revolutionary War, 106. 

Census, 128,171. 

Century Magazine, referred to, 65. 

Certificate of Election, 325, 329, 335. 

Challenge, at Polls, 16, 17; of Juror, 

68 . 

Changes in Jury System, 28. 

Charges to Jury, 28; for Public Ex¬ 
penditures under Articles of Con¬ 
federation 111. 

Charities,66, 98. 

Charter of Incorporation, 39, 258. 

Checks, on Treasurer, 47; on Depart¬ 
ments, 152; on Banks, 262, 267. 

Chief Justice of U. S. Supreme 
Court, in Impeachment of Presi¬ 
dent, 138, 139; Appointment, 198; 
Term, 205; Salary, 206; Removal, 
203; Name, 307. 

Citizen, 215, 289, 319. 

City, Definition, 39; Need of, 38; 
Management,40; Tabular View,60. 

Civil Actions, 24, 54, 99, 233. 

Civil Service Reform, 200. 

Classification of Senators, 135. 

Clerk, of Town, 14; of Village, 35; of 
City, 40; of County, 46; of Court,51; 
of Supreme Court, 100, 102-3; of 
U. S. H. of R., 131,329, 332; of U. S. 
Senate, 138; of U. S. Supreme 
Court, 307. 




GENERAL INDEX. 365 


Coin, 155,174. 

Colorado, 294-300, 312, 342. 

Commerce, Regulation of, 108, 118, 
154,169,172. 

Commissioners, County, 35, 45, 46, 
47,51, 52; Court, 50, 51; U. S., 103. 

Committee of the Whole, 332, 345. 

Committees, 137, 327, 345. 

Commitment to Jail, 285. 

Common Defense, 11,12,112,121,160, 
161,194. 

Common Law, 232, 233. 

Comparative Tables, 66, 314-15, 140, 
152,186, 214, 260; Legislative, 292-3; 
Executive, 294-5; Judicial, 296-7; 
Sutfrage, 298-9; Legislatures of Na¬ 
tions, 300-1; Army and Navy Offi- 
ccrs 309 

Compensation, 52, 84, 90, 102-3, 145, 
191,192, 206, 306-9. 

Complaint, 25, 61,230, 231,277,284,286. 

Compromise of the Constitution, 
124,129, 169. • 

Confiscation, 165, 212. 

Congress, Composition, Confedera¬ 
tion, 111; Constitution, 123; Pow¬ 
ers, 112,153; Organization, 328. 

Conscience, Freedom of, 76, 228. 

Consent, of State, 217; to contract, 
250, 263, 26.5. 

Constable, 15, 25, 26, 35, 277, 279, 280, 
282-5. 

Constitution, State, 74; Defects of, 
75; Provisions, 79; U. S., Origin of, 
115; Outline, 120; Amendments, 
221 226. 

Consul, i98, 207, 321, 350. 

Contested Elections, 330. 

Continental Congress, 111, 112. 

Contraband of War, 3.53. 

Contracts, 77, 174,175, 249, 252, 3.50. 

Convention, Constitutional, 73, 117; 
Nominating, 182, 326. 

Cooley’s Constitutional Law, 170. 

Copyright, 2,157, 318. 

Coroner, 50. 

Corporate Powers, Town, 14; School 
District, 19; Village, 35; City, 42; 
County, 46; State, 74; U. S., 153; 
Business Corporations, 257. 

Corporation, Law of, 257. 

Correction lines, 340-1. 

Council, Village, City, 41, 42; 
Governor’s, 93, 297. 

Counterfeiting, 1.56. 

Counting Votes, 187,324; of Electors, 
334. 

County, 43, 69. 

County Board, 16, 35, 45, 61, 63, 269. 

Court Commissioner, 51. 

Court of Claims, 157, 205, 206. 

Courts of the United States, 157,205, 
206, 307-9. 

Courts Martial, 230, 338. 

Courts, State and Federal, 101. 

Credit, of United States, 15:3; Bills 
of, 174; of State Documents, 214; 
Letters of, 328,350. 


Crimes, Trial of, 29, 33, 77, 210, 230-1, 
,349; at Sea, 158. 

Criteria of Good Government, 246. 
Cross-examination, 27, 2:33. 

Cruel and Unusual Punishments, 
234. 


Dakota, 292-9, 342. 

Damages, 18, 275-6. 

Dangers in each Form of Govern¬ 
ment, 247. 

Debate, Questions for, 19, 38, 43, 65, 
140,147,168,194, 214, 248. 

Debts of United States, 153, 241; of 
Confederation, 223; of States in 
Rebellion, 242. 

Declaration of Independence, 109, 
no. 111, 345, 360; of War, 1.59, 351, 
351; of Intention to become a Citi¬ 
zen, 319. 

Defects, of State Constitution, 75; 
of Articles of Confederation, 113; 
in Contracts, 250, 251; in Commer¬ 
cial Paper, 250, 263, 265; in Elective 
System, 325. 

Democracy, 244,245. 

Departments of Government,79,124. 

Direct Taxes, 128,171. 

Disability of Members of Legisla¬ 
tures, 85; of Members of Congress, 
127; of President, 189; of Vice- 
President, 138, 139,189. 

District Court, State, 45,58-64; U. S., 
1.57,159,160, 164, 205, 211,237. 

District of Columbia, 155,164, 206. 

Division in Voting, 344. 

Docket, 28, 281. 

Dole’s Talks About Law, 20, 24, 26, 
58, 65, 237, 261. 

Drafts, Law of, 261, 262, 265. 

Duties, Official, Town, 14; Village, 
35; City, 41, 42; County, 45\ State, 
90, 102-3; of President, 201; Vice- 
President, 137. 

Duties, Revenue, 149,153,172,175. 


Education, 18, 66. 

Election, Local, 16, 37,51; State, 89, 
102-3; U. S. Representatives, 125, 
141; of U. S. Senators, 1.34, 141, 333; 
of President, 180-2, 184, 334; how 
Conducted, 16,323-5. 

Electors, Voters, 125, 323; of Presi¬ 
dent, 180,181, 328, 334; of German 
Emperor, 244. 

Elective Officers, Town, 14; School 
District, 18; Village, 35; City, 40; 
County, 45, 66; State, 88, 102-3; 
United States, 180. 

Eligibility, of County Attorney and 
Court (. ommissioner, 52; to State 
Legislature, 86, 292-3; State Execu¬ 
tive Offices, 88, 294; State Judicial 
Offices, 296; U. S. House of Repre¬ 
sentatives, 126, 127, 240; U. S. Sen¬ 
ate, 127,136,240; President, 188, 2^; 
U. S. Judicial Officers, 240. 







366 


GENEBAL INDEX. 


Elliott’s Debates in the Constitu¬ 
tional Convention, 116,117. 

Emancipation, Thirteenth Amend¬ 
ment, 238; in States, 343; Procla¬ 
mation, 344, 362. 

Enlargement, of Village, 37; of Num¬ 
ber of States, 72. 

Equalization of Taxes, 98." 

Equity, 208, 237, 238. " " 

Evidence, 21, 23, 27, 59, 211, 230, 231. 

Examiner, Public, 48, 96,102-3. 

Exclusive Jurisdiction of Congress, 
163. 

Execution, Issuance of, 29; Form 
of 282 

Executive, City, 41; State, 88, 102-3; 
United States, 178; Officers of U.S., 
306. 

Exports, Duties on, 172. 

Ex Post Facto Laws, 77,170, 174. 

Extradition, 216, 337, 349. 

Extra Sessions, 90, 201. 


“Federalist” quoted, 199. 

Felony, 29,158. 

Fines, 35, 234. 

Fisheries, 98. 

Folk-moot, 21. 

Forbidden Laws, 77 , 87, 169-177, 212, 
228, 235. 

Foreign Coin, 155. 

Forgery, 266. 

Formation of New States, 72, 217. 

Forms: Organization of Town, 260; 
Elections, 270-2; Oath and Bond, 
272; Roads, 273-277; Civil Suit, 277- 
283; Criminal Prosecutions, 284-5; 
Miscellaneous, 286; Probate Court, 
286-289; District Court, 290-1. 

Forms of Government, in general, 
244. 

Forsyth’s History of Jury Sj'stem, 
23. 

Franchise, 16,17,19,126, 240, 242, 248, 
298-9, 323. 

Franklin, Benjamin, 118. 

Fraud, in Voting, 16; in Business, 
251, 264. 

Freedom of Conscience, 76, 228; of 
Speech, 76, 228; of Assembly, 76, 
228; of Person, 64 , 76, 230, 231, 235, 
238, 290, 323; from Unwarranted 
Searches and Seizui’es, 76,229,230, 
261; from Military Tyranny, 76, 
228 229. 

Free’Trade, 168,169,172. 

Fugitives from Justice, 216, 337, 349. 


Georgia, 169, 218, 219, 292-300, 312. 
Government,why Established, 9-12, 
121; Forms of, 244, 245; Criteria of 
Good, 246; Dangers in, 247; all Aris¬ 
tocratic, 248; Our Own, 248. 
Governor, 88, 90,102-3,135, 337. 
Governor’s Council 93, 295. 

Grand Jury, 31, 32, 60, 77,131, 230. 
Great Britain, 106,110,124,149,360. 


■ Green’s History of English People, 
21, 67. 

Guaranties to States, 219,-252; in 
Business, 252, 265, 267. 


Habeas Corpvis, 54, 64,170, 290. 

Hamilton. Alexander, 118,199, 227. 

Health, Boards of. Town, (Super¬ 
visors); Village, 36; City, 42; State, 
98 322 

Hig’h Seas, 158, 211, 348. 

Historical Reviews, 19, 23, 67, 105, 
110-120. 

Homestead, how Secure a, 342. 

House of Representatives, State, 80, 
86, 102; U. S., Establishment, 123; 
Election and Term, 125; Qualifica¬ 
tions, 126,127; Apportionment, 128, 
240, 316; Vacancies, 130; Sole Pow¬ 
ers, 130,149,183. 

Houses in Legislative Body, why 
Two 88 124 

IIow’—’Trial Conducted, 25-33, 59-64; 
Probate Business Transacted, 54- 
58; Copyright Obtained, 316; Pat¬ 
ent Secured, 817; Alien becomes 
Citizen, 317; Citizens are Protected 
Abroad, 321; at Home, 322; Elec¬ 
tions Conducted, 323; Nomina¬ 
tions Made, 198, 326; Congress 
Organizes, 328; Contested Elec¬ 
tions are Settled, 330; Impeach¬ 
ment is Tried, 331; Senators 
Elected, 333; Electoral Vote Count¬ 
ed, 334; Extradition, 337; Court 
Martial, 338; Territories, 339; U. S. 
Survey, 340; Secure Public Lands, 
342; Slavery Abolished, 343; Laws 
Made, 344; Ambassadoi’s “Re¬ 
ceived,” 350; States Created, 72. 


Ignorance of Law no Excuse, 249. 
Illinois, Local Government, 54, 70; 
Minority Representation, 81; 
Franchise, 298-9; Slavery in, 343; 
Representation in Congress, 312; 
Survey of, 342. 

Immigration, Board of, 98. 
Immunities, of Legislators, 84; of 
Members of Congress, 145; of Citi- 
ZOOS 215. 

Impeach ment, 89, 103, 130, 138, 139, 
203, 331. 

Implied Powers, 164,165. 
Incorporation, of Town, 16; of Vil¬ 
lage, 35; of City, 39; of County, 45; of 
State, 72; of U. S., 121; of Business 
or Private Corporations, 258. 
Indiana, 292-300; Franchise, 312; Sur¬ 
vey of, 342. 

Indians, 154. 

Indictment, 60, 77,131, 230, 290, 337. 
Insurance Commissioner, 95,102-3. 
Insurrection, 162. 

Intercourse, International, 348. 
Interior, Secretary of,' 196, 306. 
International Law, 346-354. 





GENEBAL INDEX. 367 


Iowa, 292-300, 313, 342. 

Issue, in Trial, 26; of Bills of Credit, 
174. 

Jefferson, Thomas, 184, 340. 

Jevons’ Money and the Mechanism 
of Exchange, referred to, 166. 

Johnson, Andrew, 73,199, 241, 333. 

Journal, Houses to keep and pub¬ 
lish, 84, 143. 

Judges, 22,102-3; of U. S., 206, 307-9. 

Judgment, in Trial, 28; in Impeach¬ 
ment, 138. 

Judicial Power, Local, 24, 29; Coun¬ 
ty, 54, 58; State, 99,102-3; U. S.,207, 
210, 237. 

Jurisdiction of a Nation, 158, 348. 

Jury, 23, 26, 60,63,101,210,231,233,276, 
279. 

Justice, Primitive Modes, 19; of 
Peace, 15, 273, 277; Court Proceed¬ 
ings, 24, in, 281. 

Justices of U.S. Supreme Court, 307. 

Kansas, 54, 293-300, 312, 343. 

Kentucky, 218, 292-300, 312. 

Lalor’s Cyclopedia, 118, 165,170, 244, 
337. 

Law-making, 91,149, 344. 

Law of Nations, 158, 346-354. 

Laws, Forbidden, 77, 87,169-177, 212, 
228-2a5. 

Legal Tender, 165,174. 

Legislation, Exclusive of Congress, 
163. 

Legislation Power, in States, 80,292; 
in U. S., 123; in Territories, 292,309. 

Letters, of JNlarque and Reprisal, 
159,174,352, 354; Testamentary, 56, 
288. 

Libel, 236, 323. 

Liberty Protected, 64,170,230,238,290, 
323. 

Librarian, State, 96,102-3. 

Lieber’s Civil Liberty, 65,231. 

Lieutenant Governor, 91,103-3, 294. 

Life Protected, 50, 230, 322. 

Limited Partnerships, 256. 

Lincoln, Abraham, 363. 

Lists of Electoral Votes, 186, 334. 

Local Self-Government, 13-104,123. 

Local Officers as State Officers, 103. 

Losing Citizenship, 320. 

Macy’s Our Government, 22, 66, 70. 

Tiladison, James, 118, 227. 

Maine, 218, 292-300, 312, 

Majority, 35, 142, 183,185, 294. 

Maritime Jurisdiction, 207, 211, 348. 

^iaryland, 116, 292-300, 312. 

Alassachusetts, 116, 218, 292-300, 312, 
325, 343. 

IMayor, 41. 

Measures, Weights and, 155. 

JMecklenburg Resolutions, 358. 

Meetings of Congress, 141, 338. 

Meridians of Survey, 340-2. 

32 


Message, Mayor, 42; Governor, 90; 
President, 180, 201. 

Michigan, 46, 73, 292-300, 313, 342. 

Military, Subordination of, 76. 

Militia, 162,163, 228. 

Mills’ Representative Government, 
246. 

Miniature Government, 102. 

Minnesota, Tabular View of, 102-3; 
other references to, 35, 40, 46,54,61, 
81, 292-300, 314, 342, 355-7. 

Minority Representation, 81. 

Minors, 49, 57, 250, 320. 

Minutes of Town Meeting, 17, 270. 

Missouri, 292-300, 313, 342-4. 

Monarchy, 244, 300, 302. 

Money, 155. 

Montana, 292-300. 

Montesquieu quoted, 231. 

Morris, Gouverneur, 118. 

National Indebtedness, 223, 241. 

National Supremacy, 121, 154, 155, 
159-165, 174-7, 224. 

Naturalization, 155, 239, 290, 319, 349. 

Navy, 161, 311; Secretary of, 196, 306. 

Nebraska, 292-300, 313, 342. 

Negotiability, 262. 

Neutrals, 353-4. 

New Hampshire, 218, 292-300, 313, 343. 

New States, 72, 217, 339. 

New York, 218, 292-300, 313, 343. 

Nobility, Titles of, 76,173, 174. 

Nominations, 182, 198, 326. 

North American Review, 65. 

North Carolina, 169, 218-9, 226, 292- 
300 313 

North Dakota, 292-301, 313. 

Northwest Territory, 340, 343. 

Notes, Commercial, 261,262. 

Notices, of Election, 16,17, 35, 40, 48, 
270, 273, 324; for Roads, 17, 18, 274; 
Summons, 25, 277; Probate Court, 
55, 56, 57, 286-289; for Commercial 
Paper, 265; of Constable’s Sale, 283; 
of Ownership of Land, 48. 


Oath, of Office, 192, 224, 272, 282, 329; 
in Impeachment Trial, 139; to Ju¬ 
rors, 27, 282; to Witness, 27, 282; to 
Complainant, 284. 

Oliio, 292-300, 313, 342. 

Oil Inspector, 97. 

Oligarchy, 244, 245. 

One-flfth may call for yeas and 
nays, 143. 

Opening Statement^ in Trial, 27. 

Ordeal, Trial by, 20. 

Order, in Legislature, 83; in Con¬ 
gress, 143, 

Ordinances, Village, 36; City, 41; the 
Ordinance of 1787, 218, 343. 

Oregon, 292-300, 313. 

Origin of Town, 13, 68; of County, 
43 ; 68; of Village, 34; of City, 38; of 
the Constitution, 115; of Govern¬ 
ment, 9; of Consuls, 321. 







368 


GENERAL INDEX, 


Papers, lG-18, 38, G6, 132, 140, 147, 204, 
214, 237, 244, 2G7. 

Pardons, 91,194,107. 

Parliamentary Rules, 82,143. 

Partnership, 255. 

Passports, 321, 348. 

Patents, 157, 319. 

Paupers, 6G, 98. 

Pennsylvania, 292-300, 313, 343. 

Person, Freedom of, 76, 228. 

I’ertinent Questions, 18, 33,37,42,52, 
64, 78, 87, 94, 99,104, 109, 119, 132, 140, 
147, 151, 165, 177, 192, 204, 213,220,223, 
226, 2:36, 243, 2,52, 255, 2.57, 260, 267. 

Petition, 16, 17, 35, 40, 76, 228, 269, 273, 
286. 

Pinckneys, 118, 354. 

Piracy, 158, 352. 

Political Party Defined, 326. 

Poll List, Sample of, 272. 

Pleadings, 26,59, 277-8. 

Pomeroy’s Constitutional Law, 110, 
115,117, 240, 21,3. 

Popular Election of Pi’esident, 181. 

Postal Regulations, 312-5. 

Postmaster General, 196, 306. 

Postoflices and Post Roads, 1,56. 

Powers, Town, 14; School District, 
19; Village, 3^5; City, 42; County, 46; 
State, 72, 75, 87,134, 174.175,235,242; 
of Continental Congress, 112; of 
Con.stitutional Congress, 1,5.3-174, 
212, 217, 218, 228, 235, 2.38, 242; of the 
President, 194-201; of IT. S. Courts, 
207-210; of U. S. Government, 235; 
of Corporations, 259, 260; of Attor¬ 
ney, 2,54. 

Practical Work, 16,17, 33, 267. 

Pieamble, State Constitution, 75; 
National, 121. 

Pre-emption, 343. 

Preliminaries, 17,25. 

Presents from Foreign States, 173, 
174. 

President, of Village Council, 35; of 
State Senate, 91; of U. S. Senate, 
137; of U. S., 178-180, 194-204, 303. 

President •pro tempore, 91, 137, 304. 

Prisoners of War, 3.52. 

Privateers, 160,3.52, 360. 

Privileges, see Immunities. 

Probate Court, 40, 48, 54-58. 

Prohibitions, 52, 75, 85, 169, 174,175, 
228-242. 

Property, Security of, 76,229,230,261, 
323. 

Prosecutions, Criminal, 29,33,54, 61- 
64, 77, 210, 2,30-1. 

Protection to Citizens, Abroad, 321; 
at Home, 322. 

Protective Tariff, 168. 

Public Examiner, 48, 96,102-3. 

Publicity, 16,17,18, 40, 42, 48, .55-57,84, 
143, 232. 

Public Lands, 218-9, 340-3. 

Punishments, Counterfeiting, 1,56; 
Impeachment, 1,38-9; Treason, 212; 
Cruel and UnuBual,234. 


Qualifications, of Voters, 126,242,298. 
Qualifying, 17,51. 

Quartering Soidiers, 76, 229. 
Questions for Debate, 19, 38, 43, 6.5, 
140, 147,168, 194, 214. 

Questions, Pertinent, 18, 33, ,37,42,.52, 
64, 78, 87, 94, 99,104,109, 119, 132, 140, 
147,151,165,177,192, 204, 213, 220,223, 
226, 236, 24.3, 252, 25.5, 2.57, 260,267. 
Quorum, 41,83,142,183,185. 


Ranges and Townships, .340-1. 

Railroad Commissioners, 95,102-3. 

Ratification, of Amendments, 221; 
of Constitution, 225; of Contract, 
2.50; of Treat 5 % 351. 

Ratio of Representation, 128,240,316. 

Readings of a Bill, 345. 

Rebellion, 162, 240. 

Receiving Ambassadors, 202,347,349. 

Recognizing a Government, 202,347. 

R cords, 14, 35, 40, 46, 48, 51,100,102, 
143, 214, 232. 

Redress, 18, 19-33, .58-64, 160, .351. 

Reform, Civil Service, 200; in Elec¬ 
tions, 325. 

Register, of Deeds, 48; of Treasury, 
306; of Election Supervisors, 270, 
323. 

Regulation, of Army and Navy, 161; 
of Coinage, 1.5.5; of Commerce, 154. 

Religion,76, 224, 228. 

Remedy for Wrong-doing, .351. 

Removals from Office, 37, 41, 51, 89, 
104,199, 20.3, 315. 

Replevin, 25. 

Representation, 128, 221, 240, 316-7. 

Repre.sentatives, Slate, 8u, 82, 84, 86, 
1U2-3; U.S., 12:1-132, 149, 183, 240, 316. 

Reprieves and Pardons, 91, 194,197. 

Reprisals, IjQtters of, 159,174, 360. 

Republican Government, 219, 244, 
245. 

Requisition, 77, .3.37. 

Reserved Rights, 2;>5. 

Resignations, 104. 

Responsibility, of Officers, 89, 103, 
203; of Pai’ties to Contracts,249,254, 
256, 259, 262, 265, 266, 267. 

Re.striction, on Members of Legisla¬ 
ture, 85; on Members of Congress, 
146. 


Returns,of Constable, .30,277,280,283. 
Returns, of Election, 17, 142, 824-5, 
.330. 


Revenue, 15,18, 66, 128, 169,171,172. 
Review Papers, 16,17,18, 33, 66, 132, 
140, 147, 204, 214, 2:17, 244, 267. 
Revolution. Causes of, 106; Period 
of, ill. 

Rhode Island, 117,226,292-.300,.313,.343. 
Rights, Personal, 7-5-77, 170, 174, 228- 
2 : 3 ., 2:18; State, 217, 219, 221, 2.35, 237; 
Reserved, 235; of Accused, 33, 77. 
210, 2:30, 2:33; of neutrals, 35.3. 
Roads, 10,1.3,15,17, 46,156, 27:3-277. 
Rules, Parliamentary, 82,143. 
Rulers of Principal Nations, 302. 




GENERAL INDEX. 


369 


Salary, 52, 84, 90,103, 145,191, 192,197, 
205, 300-9. 

Satisfaction of Judgment, 291. 

Schools, 18, 60, 73, 350. 

Schouler’s Executors and Adminis¬ 
trators, 58. 

Searches and Seizures, 229, 286 

Scat of Government, 103. 

Secretary, Town, 14, 17; Village, 35, 
37; City,40; County,40,47,52; State, 
88 , 92,102-3; U. S., of State, 195,306; 
of Treasury, 196,300; of War, 196, 
306; of Navy, 196, 306; of Interior, 
196, 396; of Agriculture, 197, 306. 

Security, 229, 230, 239, 322-3. 

Senate, State, 80, 86, 90, 102-3; U. S., 
Establishment, 123; Election, 134, 
333; Term, 134; Qualiflcations, 136; 
Vacancies, 135; Sole Powers, 138, 
142,198. 

Sheriff, 25, 26, 50, 63. 

Sherman, Roger, 118. 

Slander, 236, 323. 

Slavery, 128,129,165,169, 172, 210, 238, 
242, 343. 

Soldiers, Bounty-Warrants, 343. 

Sole Powers, 86, 130,138,149,184,194. 

South Carolina, 169, 181, 292-300, 313. 

Sovereignty, State, 111-5, 235; Na¬ 
tional, 121, 154, 155, 159-165, 174-7, 
224; of a Nation, 347-8. 

Speaker, 85, 130, 190, 294, 305, 329. 

Speech, Freedom of, 76, 228. 

States’ Rights, 121, 217, 219, 221, 235, 
237. 

State Examiner, 48, 96, 102-3. 

State Officers as TJ. S. Officers, 103. 

Statute (for Prevention) of Frauds, 
251. 

Story, Joseph, quoted, 116, 131, 147, 
152, 16.5, 177, 191, 23.5. 

Subitcena, 27, 231, 233, 279. 

Succession to the Presidency, 190. 

Suffrage, 16,19, 126, 240, 242, 248,298-9, 
323. 

Summons, 25, 277, 331-2. 

Superintendent of Schools, County, 
49; State, 50, 93, 102-.3; TJ. S. Com¬ 
missioner of Education, ,306. 

Supremacy of U. S. Government, 
224. 

Supreme Court, State, 99,102-3; U.S., 
20.5. 

Survey, United States, 13, 14,340-2. 

Surveyor, County, 49. 

Taxation, 15, 18, 66, 128,169,171,172. 

Temporary Appointments, 201. 

I’ennessee, 73, 292-.3U0,313,358. 

Term, Town Officers, 16; Village, 
35,37; City, 40; County, 51; State 
Legislatures, 85, 102, 292-3; State 
Executive Officers, 89, 102, 294-5; 


State Judicial Officers, 102, 296-7; 
Territorial, 292-6; U. S. Represen¬ 
tatives, 125; U. S. Senators, 134; 
U. S. Judges, 205, 206; President 
and Vice-President, 179; Acting 
President, 190. 

Territories, 72,218,292-4-6,329,3.39,355. 

Texas, 292-.300, 313,360. 

Timber-Claim, 343. 

Titles, 76,173,174. 

Town, Necessity of, 13; Corporate 
Powers, 14; Officers, 14; How 
Chosen, 16, 17; Incorporation, 16; 
History, 68. 

Treason, 211, 212, 321. 

Treasurer, Town, 14; School, 19; Vil¬ 
lage, 35; City, 40; County, 46; State, 
91 102-3* XJ S 

Treaties, i74,'i75, 198, 320, 3.38,349, .3.50, 
8S3, .360. 

Trial, Primitive Methods, 19; in 
Justice Court, 24; in District Court, 
.58-64: of Impeachment, 203, 320; of 
Contested Election, 318; in U. S. 
Courts, 210; Military, 338. 

Troops, 160,175,194. 

Two-thirds, 83, 103,143,183,185,221. 

U. S. Courts, 157, 1.59, 160, 164, 205-11, 
237. 

Unreasonable Searches, 229, 286. 

Unusual Punishments, 2.34. 

Use Without Compensation, 18,2.30. 

Vacancies, 37, 41, 51, 89, 104,130,135. 
189, 315. 

Venire, 26, 280. 

Verdict, 28, 138, 139, 321. 

Vermont, 218, 292-300, 313, 343. 

Veto, Mayor, 42; Governor, 91; Presi¬ 
dent, 149, 1.50. 

Vice-President, 137,180,192, 303. 

Village, 34. 

Virginia, 116, 218, 292-300, 31.3. 

Voting, 16, 17, 19, 324; in General,242, 
298-9; ill Legislative Bodies, 344. 

War, 106, 1.59, 175, 338, 3.51-4. 

Warrant, 92, 102, 232, 280, 284. 

Washington, George, 118,199. 

West Point, 196, 311. 

West Virginia, 2tt2-300, 313. 

Wisconsin, 46, 54, 81, 215, 292-300, 313, 
342. 

Weights and Measures, 1.55-6. 

Wharton’s International Law, .347. 

Wills, 49, .54, 286-9. 

Witness, 21, 2.3, 27, 279, 282, .3.30, a31. 

Woolsey’s International Law, a50. 

Wright, A. O., quoted, 135, 208, 243. 

Written Opinion, 90,194. 

Yeas and Nays, 143,344. 












SUPPLEMENT. 


GOVERNMENT OF MONTANA. 


CHAPTER I. 

THE CONSTITUTION. 

The state. — The term State ” has reference to the po¬ 
litical side of a community organized under authority of law 
without special regard to any particular form of government. 
In the American Union, each state is created and invested 
with self-governing power under certain specific limitations 
enumerated in the Constitution. (Art. I., Sec. 10.). Mon¬ 
tana is a state in this limited sense. 

The Constitution. — The United States Constitution 
guarantees to every state a republican form of government. 
Although the term republican is nowhere defined in the 
Constitution, the meaning is made clear from the references 
made to the departments of state government. (See Art. I., 
Secs. 2 and 3 of the United States Constitution.) While the 
Constitution is the supreme law of the state, it must be 
republican in form; that is, must be in harmony with and 
similar to the Federal Constitution. 

The object of the Constitution is briefly set forth in the 
preamble, which is : We, the people of Montana, grateful to 
almighty God for the blessings of liberty, in order to secure the 
advantages of a state government, do, in accordance with the 
provisions of the enabling act of Coyigress, approved the twenty- 
second of February, A.D. 1889, ordain and establish this 
Constitution.^^ 

Copyright, 1897, by American Book Company. 








372 


SUPPLEMENT, 


Bill of Rights. — Incorporated in the Constitution, and 
setting forth in a specific manner the personal privileges of 
citizenship in the state, is a declaration ’’ or bill of rightsP 
We give here only the substance of the most important. 

(1) All political power is invested in the people, and is 
instituted solely for the good of all. 

(2) All persons are born equally free and have certain 
natural and inalienable rights, such as life, liberty, and 
acquiring and owning property. 

(3) Absolute freedom of religious profession and worship. 

(4) All elections shall be free and open, and no power, 
civil or military, shall interfere with the right of suffrage. 

(5) Courts of justice shall be open to every person, and a 
speedy remedy afforded for every injury of person, property, 
or character. 

(6) The people shall be secure in their persons, papers, 
homes, and effects from unreasonable searches and seizures, 
and no warrant shall issue except on oath or affirmation 
reduced to writing. 

(7) Treason against the state shall consist only in levy¬ 
ing war against it, or in adhering to its enemies, giving them 
aid and comfort; no person shall be convicted of treason 
except on the testimony of two witnesses to the overt act or 
upon his own confession in open court; no person shall be 
attainted of treason or felony by the Legislative Assembly; 
no conviction shall work corruption of blood or forfeiture 
of estates. 

(8) The freedom of speech shall not be impaired, but every 
person shall be responsible for the abuse of that liberty. 

(9) No ecc post facto law nor law impairing the obligation 
of contracts shall be passed by the Legislative Assembly. 

(10) No person shall be imprisoned for debt except in the 
manner prescribed by law. 

(11) The right of any person to keep or bear arms in the 
defense of his own home, person, or property, or in aid of 
the civil power, shall not be called in question; but this 
does not permit the carrying of concealed weapons. 


GOVERNMENT OF MONTANA. 


373 


(12) Private property shall not be taken or damaged for 
public use without just compensation. 

(13) In all criminal prosecutions, the accused shall have 
the right to appear and defend in person and by counsel; 
to meet the witnesses against him face to face; to compel 
the attendance of witnesses in his behalf; and to have a 
speedy public trial by an impartial jury. No person shall 
be compelled to testify against himself. 

(14) Aliens and denizens shall have the same right as 
citizens to acquire, purchase, possess, enjoy, convey, trans¬ 
mit, and inherit mines and mining property, and all ma¬ 
chinery or real property necessary for treating ores and 
minerals. 

(15) No person shall be deprived of life, liberty, or prop¬ 
erty without due process of law. 

(16) The writ of habeas corpus shall not be suspended 
except in case of rebellion or invasion. 

(17) The right of trial by jury shall be secured to all 
and remain inviolate. 

(18) No armed person or persons, or armed body of men, 
shall be brought into this state for the preservation of the 
peace or the suppression of domestic violence, except upon 
the application of the Legislature, or of the Governor when 
the Legislative Assembly cannot be convened. 

Note. — Compare the above with the first ten amendments to the 
Constitution of the United States. 


CHAPTER II. 

DEPARTMENTJS OF GOVERNMENT. 

All the powers of government, expressed or implied in 
the Constitution of the state, may be classified under three 
heads, — legislative, executive, and judicial. The same divi¬ 
sion of powers is recognized in all the states of the Union. 




374 


SUPPLEMENT. 


Legislative Department. — The Constitution of the 
state vests all legislative power in a House of Eepresenta- 
tives and a Senate, and designates the two The Legislative 
Assembly of the State of Montana.” 

House of Representatives. — This branch, commonly 
called the Lower House,” is composed of sixty-eight mem¬ 
bers elected by the people from representative districts. 
The term of office is two years. 

A Representative must have attained the age of twenty- 
one years, must be a citizen of the United States, must have 
lived in the state one year, at least, next preceding his elec¬ 
tion, and cannot hold any other public office of trust or 
profit at the same time. 

The Legislative Assembly is empowered to divide the 
state into districts and also to apportion the number of 
Representatives to each. For purposes of representation, 
the enumeration must be taken by the state every ten years, 
beginning in 1895. There are twenty-four districts, with 
the same boundaries as the twenty-four counties, of which 
seven have one Representative each, and the remaining 
seventeen have from two to twelve each. 

Organization and Officers. — Each Representative-elect re¬ 
ceives from the clerk of his county a certificate of election, which 
entitles him to membership in the House. At the time for organiza¬ 
tion, the Secretary of State, or, in his absence, the senior member- 
elect, calls the House to order, and orders the roll called by counties 
or districts, to which the members-elect respond by presenting their 
certificates of election and taking the oath of office. The House then 
proceeds to elect officers, which completes its organization. 

The officers of the House are Speaker, Speaker pro tem.^ Chief 
Clerk, Journal Clerk, and Sergeant-at-arms. The House may also 
elect an assistant sergeant-at-arms, enrolling clerk, engrossing clerk, 
door-keeper, janitor, chaplain, and as many pages and committee 
clerks as may be necessary. Of the libove-named officers, only the 
Speaker and the Speaker pro tern, are members of the House. 

The Senate. — Each county in the state is made, by 
legislative act, a senatorial district, and the people are 
represented in the Senate by one person from each county. 


GOVERNMENT OF MONTANA. 


375 


Newly created counties are entitled to one Senator. The 
districts are numbered and designated odd ” and even ”; 
one Senator is elected from each every four years, — the odd- 
numbered districts electing the first even year (1892), and 
the even-numbered districts electing the next even year 
(1894). By this plan one-half the Senate and all the mem¬ 
bers of the House are elected at the same time. 

A Senator must possess the same qualifications as a Bep- 
resentative, except that he must be twenty-four years of age. 

Organization and Officers. —The Senate is organized in the 
same manner as the House, except that the Lieutenant-Governor pre¬ 
sides. The law provides that the Senate may elect its own officers, 
which are the same in number as those of the Lower House. 

Powers and Duties of Officers. — It is the duty of the pre¬ 
siding officer of each branch of the Legislative Assembly to put 
motions, make rulings, and see that all rules and regulations are 
properly and promptly executed. ... In addition they may admin¬ 
ister the oath of office to members and officers of their respective 
houses, authenticate the journals by signature, and prescribe certain 
duties to the various employes. The respective clerks must attend 
all sessions, read bills, prepare and read journal, and call roll. The 
assistants take charge of bills, petitions, and all papers, and make 
files of same. 

The Sergeant-at-arms executes all orders, keeps the pay roll of 
members, and issues checks for salary and mileage. 

Other officers perform such duties as may be prescribed. 

Special Powers. — The House has the sole power of impeach¬ 
ment, and the exclusive right to originate bills for raising revenue. 

The Senate confirms appointments made by the Governor. The 
Senate has sole power to try cases of impeachment, but must sit under 
a special oath, and in case the Governor or Lieutenant-Governor is 
being tried, the Chief Justice of the Supreme Court must preside. 
The Governor and other state and judicial officers, except Justices of 
the Peace, may be impeached, but two-thirds of the Senate is required 
to convict. 

Provisions Common. —Each House has the power to elect its 
own officers except the President of the Senate ; to determine its own 
rules of procedure ; to punish members ; to expel members by two- 
thirds concurring. Neither House can adjourn for more than three 
days without consent of the other. Members are free from arrest 
during the sessions of their respective Houses except for breach of 


376 


SUPPLEMENT. 


the peace, treason, or felony. Each House may compel the adend- 
ance of its own members. Vacancies are filled by the Governor issu¬ 
ing writs of election. 

Sessions. — All meetings of the Legislative Assembly must be 
held at the seat of government, but cannot continue for more than 
sixty days. RegTilar sessions meet at noon on the first Monday in 
January of odd years; special sessions may be convened by the 
Governor at any time. 

Compensation. —Compensation of the members of the Legisla¬ 
tive Assembly is fixed by law, but no Legislature may fix its own 
compensation. Senators and Representatives receive six dollars per 
day and twenty cents per mile mileage. The Speaker of the House 
and the President of the Senate receive each ten dollars per day and 
the same mileage as members. The secretaries and clerks receive 
each ten dollars per day. 

LAW-MAKING. 

Committees. — All special investigations and details incident to 
law-making are left to the committees. At the beginning of a session 
each branch decides upon the number of committees, which really 
forms a classification of the business to come before the respective 
bodies. As bills are introduced, they are usually referred to the 
appropriate committee, according to the subject or title, for special 
consideration and a final report to the proper House, but neither 
House is bound by the report of any of its committees. The Consti¬ 
tution provides that no law can be passed except by bill, and no bill 
can be considered or become a law unless referred to a committee, 
returned therefrom, and printed for the use of the members. 

How Laws are 3Iade. — All bills, except those for raising 
revenue, may be introduced in either House. After a bill has been 
announced by a member of the House, it is presented to the clerk, 
who reads it. The second reading is usually by title. It is then 
referred to the proper committee, which considers it in all its rela¬ 
tions, and prepares a final report to the House. Bills thus reported 
are put in “general orders,” which includes all bills ready for third 
reading and final passage. The House then resolves itself into a 
committee of the whole for the purpose of deliberation, free discus¬ 
sion, and possibly the amendment of a bill of “ general orders,” which 
has been placed in the order of its importance by the steering com¬ 
mittee. The committee of the whole may accept or reject the report 
of the House committee, in full or in part. The committee of the 
whole then rises, a report is made to the House, and the Speaker 
orders the bill engrossed. ISTo amondmonts can be offered after the 
bill is engrossed. 


GOVERNMENT OF MONTANA. 


377 


A yea and nay vote is then taken, and each vote is recorded in the 
journal. If the majority of the votes cast is favorable to the bill, it is 
sent to the Senate, in which the process is the same. When a bill has 
passed both Houses, it is sent back to the House in which it originated 
for enrollment. The enrolled bill is then signed by the Speaker of 
the House and the President of the Senate, and sent to the Governor 
for his signature, which makes it a law. 

If the Governor refuses to sign the bill, he must return the same 
within five days to the House in which it originated, with his written 
objections. If both Houses, after due consideration, then pass the 
bill by a two-thirds vote, it becomes a law without the Governor’s 
signature. If the Governor keeps possession of the bill for more than 
five days, Sundays excepted, it becomes a law, unless the Legislative 
Assembly adjourns and thus prevents him from returning it. If the 
Legislative Assembly adjourns before the Governor has signed a bill, 
he must sign it within fifteen days or the bill is lost. 

Prohibitions upon Legislation. —No special law can be 
enacted by the Legislative Assembly when a general law can be made 
applicable. 

No law can be passed giving any extra compensation to any public 
officer, or increase or diminish his salary or emoluments after his 
election or appointment. 

No appropriation shall be made for charitable, industrial, educa¬ 
tional, or benevolent purposes to any person, corporation, or com¬ 
munity not under the absolute control of the state, nor to any 
sectarian institution or association. 

“No law shall be passed authorizing the state or any county to 
contract any debt or obligation in the construction of any railroad, 
nor give or loan its credit to or in aid of the construction of the same. ’ ’ 

CHAPTER III. 

EXECUTIVE DEPARTMEXT. 

Executive Officers. — The officers of the executive de¬ 
partment are Governor, Lieutenant-Governor, Secretary of 
State, Attorney General, State Treasurer, State Auditor, and 
Superintendent of Public Instruction. 

Term. — Each of the executive officers serves for a term 
of four years, or until his successor is elected and qualified, 


378 


SUPPLEMENT. 


beginning on the first Monday of January next succeeding bis 
election. The Treasurer is not eligible to succeed himself. 

Election. — The state officers are elected by the qualified 
voters of the state, the persons respectively receiving the 
highest number of votes for the office voted for are elected; 
but in case two receive the same number of votes for the 
same office, it becomes the duty of the Legislative Assembly 
to elect, by joint ballot, one of such persons for said office. 

Qualifications of Officers. — It is required that the 
executive officers be citizens of the United States, and resi¬ 
dents of the state for at least two years next preceding 
election. In addition to these, the Governor, Lieutenant- 
Governor, State Superintendent, and Attorney General must 
have attained the age of thirty years, and the Secretary of 
State, Auditor, and Treasurer, twenty-five years. The Attor¬ 
ney General must have been admitted to practice in the 
Supreme Court of the state. 

Compensation. — The Governor and State Superintend¬ 
ent receive five thousand and two thousand five hundred 
dollars per annum respectively. The others, excepting the 
Lieutenant-Governor, receive three thousand dollars per 
annum. 

Governor. — The supreme executive of the state is the 
Governor, whose chief duty is to execute the laws. He is 
Commander-in-chief of the militia, except when in the ser¬ 
vice of the United States, and can order into service a part 
or all of it to suppress insurrection, repel invasion, or 
execute the laws. He appoints, with consent of Senate, 
persons to fill all offices created by law and not otherwise 
provided for. Should a vacancy occur in the office of State 
Secretary, Treasurer, Auditor, Attorney General, or Super¬ 
intendent, it becomes the duty of the Governor to fill the 
same by appointment until the vacancies can be filled by 
election. 

The Governor has power to grant pardons, remit fines and 
forfeitures, grant commutations of punishment, subject in 
each case to the approval of the board of pardons. 


GOVERNMENT OF MONTANA. 


379 


He may require information in writing from the officers 
of the executive department, or state institutions. He is 
required by law to recommend to the Legislative Assembly, 
by message, such measures as he may deem expedient, and 
give any information regarding the condition of the state. 
He may convene the Senate in extra session for the trans¬ 
action of executive business. 

Should a vacancy occur in the office of Governor, it is 
filled by the Lieutenant-Governor, President pro tern, of the 
Senate, and Speaker of the House, in the order named. 

Lieutenant-Governor. — This officer is, ex officio, President 
of the Senate. In case there should be a vacancy in the office of 
Governor by resignation, removal, disqualification or voluntary absence 
for a time, the Lieutenant-Governor acts in his place and discharges 
all the duties and receives all the emoluments of the office for the 
remainder of the term, or until the disability ceases. 

Secretary of State. — The Secretary of State is custodian of 
the great seal of the state, all legislative enactments, journals of the 
Legislative Assembly, enrolled copy of the Constitution, and all books 
and records deposited in his office pursuant to law. 

He is further required to keep a register of and attest all official acts 
of the Governor ; to affix the great seal to commissions, pardons, etc.; 
to record all conveyances made to the state and all articles of incorpo¬ 
ration filed in his office. He is superintendent of the capitol building, 
or rooms used for that purpose. It is his duty to distribute all public 
documents and keep a record of the same ; to receive and record the 
official bonds of all state officers, and to certify to the Governor the 
names of persons who have received the highest number of votes for 
any office, the incumbent of which is commissioned by the Governor. 
He has full charge of the printing of all public documents. 

He is to furnish a bond of ten thousand dollars, which must be ap¬ 
proved by the Governor and filed with the Treasurer. 

Auditor. — The State Auditor, on the first Monday of November 
next preceding the regular meeting of .the Legislative Assembly, is 
required to make a statement to the Governor of all funds, revenues, 
and expenditures of the two preceding years, together with an esti¬ 
mate of the expenditures for the two ensuing fiscal years. 

It is his duty to suggest plans for the improvement and manage¬ 
ment of the revenues; to keep all accounts between the state and 
Treasurer ; to keep a record of all warrants drawn on the Treasurer; 
to audit all claims against the state ; and to settle the accounts of all 
persons indebted to the state. 


380 


SUPPLEMENT. 


He keeps a complete account of the school fund and the income on 
the same, and reports to the Superintendent of Public Instruction 
twice each year. His official bond is fixed at thirty thousand dollars. 

Treasurer. — It is the duty of the Treasurer to receive, keep, 
and disburse all moneys belonging to the state, under such regulation 
as may be prescribed by law. 

He is required to keep accurate and separate accounts of the differ¬ 
ent funds and report the same to the auditor on the last day of each 
month. He is also required to make a report to the Legislative 
Assembly and the Governor of the State. 

The Treasurer must execute an official bond in the sum of one hun¬ 
dred and fifty thousand dollars. 

Attorney General. — It is the duty of the Attorney General to 
act as counsel for the state or any officer thereof in an official capacity; 
he prosecutes and defends and, in case of judgment, directs the issu¬ 
ing of all processes. 

He keeps a register of all cases in which he appears; exercises 
supervisory powers over County Attorneys and must give his opinion 
to the Legislative Assembly, County Attorneys, or County Commis¬ 
sioners, when required of him. 

He is required to execute a bond to the state in the sum of ten 
thousand dollars. 

Superintendent of Public Instruction. — This officer 
stands at the head of the state school system. He has general super¬ 
vision over all public schools of the state. His duties are prudential 
as well as professional. 

He apportions the state annual school fund among the several coun¬ 
ties ; makes a biennial report to the Governor; gives advice to County 
Superintendents; and decides all appeals from the decisions of the 
same. He prepares and furnishes all blanks for use of schools. 

He is required to make and prescribe a course of study for the 
public schools of the state; prepare all examination questions for 
county certificates; and prescribe rules and regulations for holding 
teachers’ institutes. 

His bond is fixed at ten thousand dollars with not less than two 
sureties, to be approved by the Governor and Attorney General. 


GOVERNMENT OF MONTANA. 


.381 


CHAPTER IV. 

JUDICIARY DEPARTMENT. 

The judicial power of the state is vested in a Court of 
Impeachment, Supreme Court, District Courts, Justices of 
the Peace, and other inferior courts as the Legislative Assem¬ 
bly may see fit to establish. 

The Supreme Court. — The Supreme Court of the state 
is composed of three Justices, one of whom is Chief, but the 
Legislative Assembly may increase this number to not more 
than five. 

Qualifications. — In order to be eligible to the office of 
Justice of the Supreme Court, a person must have lived in 
the state two years next preceding his election, must be 
thirty years of age, a citizen of the United States, and 
admitted to practice law in the Supreme Court of the state. 

Election. — Judges of the Supreme Court are elected by 
the qualified voters of the state at large, at the general elec¬ 
tion next preceding the close of the terms of office of their 
predecessors respectively. The term of office is six years, 
beginning on the first Monday in January following elec¬ 
tion. Should a vacancy occur, it is the duty of the Governor 
to fill it by appointment until the next general election. 

greetings. — The law requires that the Supreme Court shall hold 
four terms each year, at the seat of government, commencing the first 
Tuesdays of March, June, October, and December. Special sessions 
may be called by the Chief Justice or any two Justices, but in all 
sessions a majority of the Justices is necessary to pronounce a decision. 

Jurisdiction. — The Supreme Court lias both original and appel¬ 
late jurisdiction which is co-extensive with the state. 

The original jurisdiction includes the power to issue writs of manda¬ 
mus, certiorari, prohibition, quo warranto, injunction, and habeas 
corpus, the last of which may be issued by any Justice on petition. 
The appellate jurisdiction of the Supreme Court extends to all cases 
in law and equity, and a decision is final unless reversed or modified 
by the Court itself. 


382 


SUPPLEMENT. 


District Courts. — The Legislative Assembly has power to 
divide the state into judicial districts, whose number and boundaries 
may be changed from time to time. In each, the qualified voters 
elect a Judge who holds office for four years. He must be twenty- 
five years of age, a resident of the state at least one year next pre¬ 
ceding his election, a citizen of the United States, and admitted to 
practice in the Supreme Court of the state. 

Vacancies are filled in the same manner as in the Supreme Court. 
A District Judge may hold Court in any county of the state at the 
request of the Judge of the district to which the county belongs; or 
the Governor may request a Judge to hold Court in any district. 

Sessions. — If the district is a single county, the Court is always 
in session except on legal holidays. When there is more than one 
county in the district, the Judge designates the times at which the 
terms of Court are to be held in each county. 

Jurisdiction. —The District Courts have original jurisdiction in 
all cases which involve the title or right of possession of real property ; 
all civil cases in which the claim exceeds fifty dollars ; all cases involv¬ 
ing the legality of any tax or municipal fine ; all criminal cases 
amounting to felony ; and all matters of probate. These courts are 
also empowered to issue and hear writs of mandamus, quo warranto, 
certiorari, prohibition, injunction, and habeas corpus. 

The appellate jurisdiction of these Courts extends to all cases aris¬ 
ing in the Justices’ or any inferior Courts in their respective districts. 

Justices’ Courts. — In each organized township of the state 
there must be at least two Justices of the Peace, who are elected by 
the qualified voters of the township for the term of two years. 

A Justice may hold his Court in any convenient place in his town¬ 
ship or in any township in his county by request of the Justice of the 
same. A Justice of the Peace must reside in the township in which 
his court is held ; he must be a citizen of the United States, and a 
resident of the county at least one year preceding his election or ap¬ 
pointment. A vacancy is filled by the County Commissioners for the 
remainder of the unexpired term. 

The civil jurisdiction of this Court extends to actions on contract 
for the recovery of money, for recovery of personal property, to se¬ 
cure damages for injury of person or property, or to actions for a fine, 
penalty, or forfeiture ; provided in none of these cases the amount or 
valuation does not exceed three hundred dollars. 

The Justices’ Courts also have jurisdiction over petit larceny, assault 
of the third degree, breaches of the peace, riots, injury to property ; 
but in all cases, an appeal may be taken from Justices’ Courts to the 
District Courts. 

Miscellaneous Provisions. — The principal officers connected 


GOVERNMENT OF MONTANA. 


383 


with the Supreme Court are a marshal and a clerk, the former being 
chosen by the Court, the latter, by the electors of the state at large. 
The clerk serves for a term of six years and receives twenty-five hun¬ 
dred dollars per year. 

The officers of the District Court are a clerk and sheriff, who are 
county officers elected by the legal voters of the county. (See chapter 
on County Government.) 

The Supreme and District Courts are courts of record. 

Salaries are determined by law, and cannot be increased or de¬ 
creased during the term of any Justice or Judge. Justices of the 
Supreme Court receive four thousand dollars per year, payable quar¬ 
terly ; . Judges of the District Courts receive three thousand five 
hundred dollars per year. 

A civil, action in the District Court may be tried by a Judge pro 
tempore., who is required to be a member of the bar of the state. 

Any judicial officer forfeits his office by absenting himself from the 
state for more than sixty consecutive days. 

The Jury. — The law provides for three kinds of juries —the grand 
jury, trial jury (also called the petit jury), and juries of inquest. 
The District Judge has sole power to summon the grand jury. It 
consists of seven members selected from the citizens of the county, 
five of whom must concur to find an indictment. The duty of this 
jury is to inquire into public offenses committed nr triable in the 
county. 

The trial jury consists of twelve men, or less in civil cases by agree¬ 
ment of the parties concerned, who are sworn to try and determine by 
verdict a question of fact. In January of each year the chairman of 
the County Commissioners, County Treasurer, and County Assessor 
of each county make a list of persons to serve as trial jurors for the 
ensuing year, from which list the clerk of the District Court, by order 
of the same, chooses a sufficient number for a jury. 

In all inferior courts jurors are summoned by the sheriff, constable, 
marshal, or policeman, upon the order of the officer before whom the 
proceedings are to be held. 

Any person is exempt from liability to serve on the jury if he be: 

A United States officer, civil, military, or judicial. 

A county, township, or town officer. 

An attorney at law in practice. 

A minister of the gospel. 

A teacher, or a physician, or a druggist. 

An officer or employ6 in any state charitable or reformatory insti¬ 
tution. 

An express agent, mail carrier, or active member of the national 
guard of Montana. 


384 


SUPPLEMENT, 


CHAPTER V. 

THE COUNTY. 

The county is the largest political division of the state, 
and is organized by law, with corporate powers, for the pur¬ 
pose of better and more complete administration. The 
boundaries are fixed by law, but may be changed by the 
Legislative Assembly as the interests of the state demand. 
The county is the unit of government. 

County Commissioners. — Each county must have a 
Board of Commissioners, consisting of three persons, whose 
term of office is four years. They are elected by the voters 
of the county, and each must furnish a bond, the amount of 
which is determined by law, and depends upon the class to 
which the county belongs. A vacancy is filled by the Dis¬ 
trict Judge. 

Meeting’s. — The County Commissioners meet at the county seat 
on the hrst Mondays of March, June, September, and December. 
Special meetings may be held by giving five days’ notice. Each Com¬ 
missioner is entitled to eight dollars per day and fifteen cents per mile 
of actual travel. 

Powers and Duties. —The Board of Commissioners is the 
chief executive of the county. It has power to supervise the official 
conduct of all county and district officers; to divide the county into 
townships and road districts; to establish and change election pre¬ 
cincts ; to care for the poor of the county ; to take charge of the 
erection of all public buildings for the use of the county, and have 
care of the same ; to examine and allow all accounts except salaries; 
to levy a tax to defray the current expenses of the county ; to equalize 
the assessment roll. 

The Commissioners must provide all poll lists, poll books, blank 
returns and certificates, proclamations of elections, and other appro¬ 
priate and necessary appliances for holding elections in the county, 
and allow reasonable charges for the same ; must canvass election 
returns and declare the results, and perform such other duties as may 
be required by law. 

Other County Officers are Clerk, Treasurer, Clerk of Court, 
Sheriff, Auditor, Attorney, County Superintendent, Surveyor, Coroner, 
Bublic Administrator, and Assessor. 


GOVERNMENT OF MONTANA. 


385 


All county officers must be twenty-one years of age, citizens of the 
state, and qualified electors of their respective counties. They are 
chosen for a term of two years, and, with the exception of the County 
Treasurer, take charge of their offices on the first Monday in January 
following election. All vacancies are filled by the County Commis¬ 
sioners, and the appointees hold until the vacancies are filled by 
election. 

Every county officer may administer and certify oaths. If an officer 
absents himself from the state for more than sixty days, he forfeits 
his office. 

The salaries of county officers are graded in proportion to the 
assessed valuation of the property in the respective counties. For 
this purpose counties are divided into eight classes, ranging from a 
valuation of twenty millions of dollars and over down to two millions 
or less. 

County Clerk. — The County Clerk is clerk of the Board of 
County Commissioners and ex officio recorder. As Clerk of the 
Board he must perform the following duties: Record all proceedings; 
make full entry of all resolutions and decisions ; sign all orders and 
warrants issued by the Board for payment of money ; record all re¬ 
ports of the Treasurer of money received or disbursed; and perform 
all other duties required by the Board or by law. 

As eic officio recorder, the Clerk must keep a separate record of all 
deeds, grants, transfers, contracts for selling or conveying real estate, 
mortgages and releases of the same, marriage certificates, wills devis¬ 
ing real estate admitted to probate, official bonds, notices of preemp¬ 
tion claims and mining locations, assignments for benefit of creditors, 
estrays, and lost property, and any other records required by law. 
The Clerk also must keep all maps of towns, villages, or additions to 
the same, which, with all other papers or records, are kept open for 
inspection during office hours. 

Treasurer. —The County Treasurer is custodian of all funds be¬ 
longing to the county. He receives all moneys due the county and 
receipts for the same ; pays out the county money upon the presenta¬ 
tion of warrants issued by the County Clerk, or otherwise provided 
by law. He keeps all school moneys in a separate fund, and disburses 
the same to the several school districts according to the apportionment 
of the County Superintendent; makes a financial report, annually, to 
the County Superintendent, and a detailed report to the County Com¬ 
missioners at every regular meeting. The Treasurer is collector of 
taxes. Whenever it is deemed expedient the State Examiner and 
County Clerk may examine the books and accounts of the Treasurer, 
and report the result to the Commissioners. 

Sheriff. — The Sheriff is the county peace officer. He prevents 


386 


SUPPLEMENT. 


and suppresses all riots ; arrests persons for committing or attempting 
to commit public offenses ; attends all sessions of the District Court; 
has charge of the county jail and all prisoners in it. He serves all 
notices and processes, is court crier, and must call all witnesses and 
other persons who are required to appear before the Court. 

Clerk of District Court. — Each county elects a Clerk of the 
District Court, who must attend all sessions thereof, and also upon 
the Judges at chambers when required. He must keep or dispose of 
ail Court records and papers according to law, issue all processes and 
notices, enter judgments and decrees of the Court. He keeps, in a 
suitable book, the daily proceedings of the Court in criminal and 
probate matters, a record of witnesses, all persons who have acted as 
jurors, and computes the fees and mileage of the same. When ordered 
by the Court, he chooses by lot persons to act as jurors from the list 
kept in his office. (See Jury.) 

Comity Attorney. — The representative of the state in prosecu¬ 
tions for offenses is the County Attorney. He attends all sessions of 
the District Court in his county, institutes proceedings for the arrest 
of public offenders, and may attend and give advice to the grand jury 
when cases are presented to them for their consideration. He draws 
indictments, defends the state or county in all suits brought against 
them, and, when called upon, is required to give legal advice to all 
county, township, or district officers. He must attend the meetings 
of the County Commissioners when required, and must oppose such 
claims against the county as are illegal or unjust. 

Surveyor. — The County Surveyor is required to make any 
survey ordered by the Court, or upon the request of any person ; 
keep a complete record of the same, and furnish an accurate plat to 
any person upon the payment of legal fees. The Surveyor is also 
required to direct and inspect the work of road supervisors, furnish 
plans for bridge work, and act as chairman of road viewers. 

Coroner. — It is the duty of the Coroner to hold inquests, i.e. a 
judicial inquiry, into the causes or manner of the death of any person 
who has lost his life in an unnatural way. He may subpoena wit¬ 
nesses and summon a jury of not more than nine persons who must 
render a verdict according to the evidence brought before them. He 
is also required to keep a register of all inquests, and give an account 
to the County Clerk of the disposition made of any belongings. In 
case of a vacancy in the office of Coroner, for any reason, the Justice 
of the Peace acts in his place. 

Public Administrator. —This officer takes charge of all 
estates for which no administrators have been appointed; estates for 
which there are no heirs; or estates ordered into his hands by the 
Court. It is his duty to institute action to recover property or papers 


GOVERNMENT OF MONTANA. 387 

if necessary. He must report every six months to the District Court 
or Judge thereof. 

County Siiperiiiteiiclent. — (See Education.) 

Assessor. — (See Taxes.) 

County Auditor. —In every county where there is an assessed 
valuation of not less than eight million dollars, the qualified voters 
may elect a person to act as County Auditor. He serves for four years, 
and must possess the qualifications of any other county officer. He re¬ 
ceives fifteen hundred dollars per year, and must furnish a bond in 
the sum of fifteen thousand dollars. He audits all claims against the 
county, examines all books, accounts, and papers of the Treasurer, 
Clerk, Sheriff, and other county officers ; is superintendent of the 
poor-farm, and has charge of all claims made upon the county for 
charity. 

CHAPTER VI. 

CITY GOVERNMENT. 

By an act of the Legislative Assembly, all cities are 
classified according to population, based upon the United 
States census. Every city having a population of ten 
thousand or more belongs to the first class; every city 
having a population of five and less than ten thousand 
belongs to the second class; every city having a population 
of one and less than five thousand is third class; every city 
having a population less than one thousand and over three 
hundred is called a town. 

Organization. — When any community of persons wishes 
to be organized into a city or town, one hundred or more 
qualified electors must petition the County Commissioners, 
which petition must contain a map of proposed city or town, 
showing limits and wards thereof, but must not exceed one 
square mile for each five hundred residents. If there be 
the requisite number of inhabitants, the Commissioners call 
an election which will decide whether the city is to be incor¬ 
porated or not. If the majority vote favorably, the Com¬ 
missioners give notice for a second election for the purpose 
of electing ofiicers. 


388 


SUPPLEMENT. 


Officers.—Every city has legislative, executive, and 
judicial power. The legislative power of a city or town is 
vested in a Council composed of two members from each 
ward. The Council can make any regulations or pass any 
ordinances for the best interests of the corporation and not 
in conflict with the constitution of the state or United 
States. The Council can levy taxes, grant licenses, provide 
for public improvements, fix salaries of officers, expel a 
member by a two-thirds vote, etc. In the absence of the 
Mayor, the Council may elect a president. 

A vacancy in any elective city office is filled by a ma¬ 
jority vote of the Council for the unexpired term. A 
member of the City Council must be a tax-paying free¬ 
holder. 

The executive powers are exercised by a Mayor and his 
associates. Treasurer, Attorney, and Marshal. The Mayor 
is elected by the people of the city for a term of two years. 
He must be twenty-five years of age, a resident of the state 
for three years and of the city two years next preceding his 
election. He is president of the Council, must approve all. 
ordinances, or return them with his objections at the next 
regular meeting, in which case a two-thirds vote of all the 
Council is necessary to pass any measure thus vetoed. He 
may grant pardons and remit fines for offenses against city 
ordinances. The highest salary any Mayor may receive 
is two thousand dollars in cities of the first class. 

The remaining executive officers perform such duties as 
are required of similar officers in the county. 

The judicial power of the city is exercised by a Police 
Judge who is elected by the people for a term of two years. 
His court must be open every day in the year except on 
legal holidays. Exclusive jurisdiction extends to all cases 
prosecuted in the name of the city for the violation of city 
ordinances, for collection of city taxes, and for the recovery 
of property belonging to the city. 

Concurrent jurisdiction with the Justice of the Peace 
extends to cases of petit larceny, assault, and battery not 


GOVERNMENT OF MONTANA. 


389 


with intent to kill, or breaches of the peace. Police magis¬ 
trates may be constituted ex officio Justices of the Peace for 
their respective counties. 


CHAPTER VII. 

ELECTIONS. 

The law provides for a general election, which must be 
held throughout the state on the first Tuesday after the 
first Monday in November of each even-numbered year; spe¬ 
cial elections, which may be held at times designated by the 
proper authority; municipal elections (except school elec¬ 
tions), which must be held on the first Monday of April of 
each year. All elections must be proclaimed by the proper 
authorities, setting forth the time and purpose, and such 
proclamation must be given general publicity by the County 
Commissioners of each county. The person receiving the 
highest number of votes for any office is elected thereto. 

Qualifications of Voters. — All elections are required 
to be by ballot. 

Persons possessing the following qualifications are entitled 
to vote: A male person twenty-one years of age, a citizen of 
the United States, a resident of the state for one year and 
of the county thirty days next preceding the day of election, 
and registered according to law. A residence is not lost by 
reason of being in the service of the state or United States, 
or being a student in any institution of learning or being 
confined in any prison or asylum. 

Electors are privileged from arrest while going to or re¬ 
turning from elections, except for treason, felony, or breach 
of the peace; also from the performance of military duty 
except in time of great danger. Women may vote at school 
district elections, and upon all questions submitted to the 
tax-payers alone of the state, providing they are tax-payers 


390 


SUPPLEMENT. 


and possess other qualifications required in the Constitution. 
No person of unsouinf mind, or who has been convicted of 
felony, if unpardoned, is allowed to vote. 

Regristration. — It is the duty of the County Commissioners to 
lay out their respective counties into not less than two nor more than 
twenty registration districts, which are numbered. Each district must 
contain a convenient number of voting precincts, and no precinct must 
be at a greater distance than ten miles from a registration office. The 
Commissioners appoint a competent person to act as agent for each 
registration district, whose duty it is to register all persons living in 
his district who possess the requisite qualifications; and such agent 
must keep the registry books open from two to eight p.m. on all legal 
days from September fifteenth to October fifth, and from ten a.m. to 
ten P.M. from October fifth to October fifteenth. It is not necessary 
to make a new registration for special elections. (For school elec¬ 
tions, see chapter on Education.) 

Voting’ Precincts. — The boundaries of precincts are fixed by 
the Commissioners, and continue the same until the same authorities 
see fit to change them. The Board must designate a place or house in 
each precinct in which the election must be held. 

Jiidgcs of Election. — In each precinct containing more than 
one hundred voters by the previous registration, the Commissioners 
appoint five persons, or three persons if less than one hundred voters, 
who act as judges of election, and not more than a majority of them 
may belong to one political party. It is the duty of the judges to 
elect two persons to act as clerks. The judges post notices of election, 
administer oaths, keep the ballot box, and preside over elections in 
their respective precincts. Voting begins at eight in the morning and 
continues until six in the evening. 

Candidates. — Candidates for any state, county, or municipal 
office must be nominated either by a convention or primary called for 
that purpose, or by a certificate containing the name of the candidate, 
which certificate must be signed by a number of electors residing in the 
political division, equal to five per cent of the votes cast for the suc¬ 
cessful candidate at the previous election. In either case, the certifi¬ 
cate of nomination must be filed with the Secretary of State, or the 
clerk of either the county or municipal corporation, as the case may 
be. Such certificates must be filed with the Secretary of State not 
more than sixty nor less than thirty days prior to the day of election ; 
with the county clerk, not more than sixty nor less than twenty days 
prior, and with the clerk of any municipal corporation, not more than 
thirty nor less than three days prior to the election. Any qualified 


GOVERNMENT OF MONTANA. 


391 


elector is entitled to vote at a caucus or primary meeting, but he must 
be identified with the political party holding such caucus. 

Manner of Voting", — All ballots to be cast for public officers 
are printed and distributed by the county or municipal clerks at the 
expense of the public. They must be of a good quality of white paper, 
and must contain the names of all the candidates whose nominations 
have been filed according to law, and the office for which each is a 
candidate. Each election precinct is provided by the county clerk 
with one hundred ballots for every fifty or fraction of fifty electors 
registered. In municipal elections, the city clerk provides ballots as 
above. 

It is the duty of the proper officials to provide one polling booth for 
every fifty electors registered in each precinct, and each booth together 
with the ballot box must be set off by a railing so that only persons 
voting can approach within ten feet of either. Two of the judges 
are chosen to deliver “official ballots” to the qualified electors. 
The elector then passes to the booth, prepares his vote by placing a 
cross before the name of each candidate for whom he wishes to vote, 
and immediately passes it to one of the judges, who deposits it in the 
ballot box. Each clerk is required to keep a list of the persons voting. 
If an elector’s vote is challenged, he must, under oath, deny the 
charges brought against him, when he is allowed to cast his ballot. 

Canvassing. — As soon as the polls are closed, it is the duty of 
the judges to proceed at once to canvass the votes. Such canvass 
must be public and must be continued until the result is declared. 
After the votes have been counted and the ballots sealed, the poll 
books are signed by the judges and clerks, and with the certificates of 
registration and tally sheets are delivered to one of the judges, who 
must carry or mail them to the county clerk within twenty-four hours. 

The Board of County Commissioners is also the board of county 
canvassers, and within ten days after an election must meet to canvass 
the returns. Certificates of election are made out by the clerks of the 
various counties and forwarded to the successful candidates. 


CHAPTER YIIL 
education. 

School Funds. — The United States government has, 
from time to time, made liberal grants of land to the states 
for the purpose of encouraging public education. While 


392 


SUPPLEMENT. 


the annual income derived from such permanent fund is 
very small when compared with the total expenditure for 
educational purposes in the states, the policy has none the 
less given stability to our state systems, and has been a 
worthy incentive to more liberal giving upon the part of 
local organizations. 

The permanent school fund of this state includes the 
following: — 

For higher and professional education: 

State University. 72 sections. 

School of Mines .. 100,000 acres. 

Agricultural College .... 140,000 acres. 

State Normal School .... 100,000 acres. 

For common or public education: — 

The sixteenth and thirty-sixth sections of every township; 
five per cent of the proceeds from the sales of government 
lands sold in the state; appropriations and donations by the 
state; gifts by individuals; proceeds of land or property 
which reverts to the state by escheat, and all unclaimed 
shares or dividends of corporations within the state. 

The total annual school fund for the benefit of higher 
education consists of the income on the permanent fund plus 
the legislative appropriations for the same; and the annual 
fund for the benefit of the common schools is the income 
on the common school permanent fund plus the amount of 
local taxes levied for the support of the public schools. 

The permanent school fund can never be reduced; only 
the income can be expended. The State Board of Land 
Commissioners have charge of the sale or leasing of school 
lands, but no land shall be sold for less than ten dollars per 
acre. 

State Board of Education. — Educational affairs in 
general are under the supervision of this Board. It con¬ 
sists of eleven members, eight of whom are appointed by 
the Governor with the consent of the Senate, for the term 




GOVERNMENT OF MONTANA. 


393 


of four years. The Governor, State Superintendent, and 
Attorney General are ex officio members of the Board, the 
first two named being respectively president and secretary. 
Begular meetings are held on the first Monday in June and 
December, at which a majority shall constitute a quorum to 
transact business. 

Powers and Duties. — The Board shall have power to pre¬ 
scribe rules and regulations for the government of state institutions ; 
to grant diplomas to graduates of state institutions; to grant state and 
life diplomas; to receive all funds from the land commissioners and 
use the same according to law; to appoint and commission institute 
instructors; and to perform other duties which properly belong to it. 

Higher Education. — The state has made abundant pro¬ 
visions for the higher and professional education of its 
people. 

The State University, which is located at Missoula, has 
for its object the provision of the best and most liberal 
means for the culture of the young men and women of the 
state. It is controlled in its various interests by the State 
Board of Education. This Board elects a president of the 
institution who is also president of the faculty and the 
executive head of the school. Tuition is free to all resi¬ 
dents of the state. It offers courses of study in the depart¬ 
ments of literature, science, and arts. 

The School of Mines, located at Butte, has for its object 
the provision of facilities for giving instruction in chemistry, 
metallurgy, mineralogy, geology, mining, mathematics, and 
mechanics. This school is under the immediate control of 
a Board of Trustees, five in number, subject to the general 
supervision of the State Board of Education, Tuition is 
free to all students of the state. 

The Agricultural College, located at Bozeman, is estab¬ 
lished and endowed for the especial purpose of studying 
the sciences and the mechanic arts, and their application to 
practical agriculture. The institution is under the super¬ 
vision of the State Board of Education, and an executive 
board of five appointed by the Governor. The executive 


394 


SUPPLEMENT. 


board choose a president and faculty with the approval of 
the State Board. An agricultural experiment station is 
also established in connection with the Agricultural College 
and subject to the same authorities. 

The State Normal School is located at Dillon. It is 
managed by the State Board and a local board of five mem¬ 
bers, three of whom must reside in the county. The pur¬ 
pose of this school is to offer a thorough practical training 
for the profession of teaching. All instruction and training 
is free to residents of the state. 

SPECIAL SCHOOLS-. 

The Deaf and Dumb Asylum is located at Boulder. The 
object of this school is to teach the English language to all 
the deaf and dumb children of the state, and give instruc¬ 
tion in all branches of a common school education, together 
with a mastery of such trades as will enable them to become 
self-sustaining citizens. The immediate control is vested in 
a board of three trustees appointed by the State Board of 
Education, who shall serve three years. All deaf, dumb, 
and blind children between the ages of six and twenty-one 
years who live in the state are admitted free of tuition. A 
continuous attendance of ten years is allowed each pupil, 
and by special permission two years may be added. The 
permanent fund consists of fifty thousand acres of land from 
the general government. 

The State Beform School is located at Miles City. The 
object of this school is to keep and furnish reformatory 
training for youths between the ages of eight and eighteen 
who have been committed to its charge by a court of com¬ 
petent jurisdiction. It is the duty of the Governor to 
appoint three trustees who have charge of the school. This 
school also has an endowment of fifty thousand acres of 
land. 


GOVERNMENT OF MONTANA. 


395 


PUBLIC SCHOOLS. 

By the term public or common schools is meant all dis¬ 
trict schools, beginning with the lowest primary and includ¬ 
ing the high school, supported by the public, and under 
the general supervision of the Superintendent of Public 
Instruction. 

At the head of the public school system of the state is 
the Superintendent of Public Instruction whose powers and 
duties are enumerated in the chapter on state officers. 

County Superintendent. — In each organized county is 
elected, at the same time and in the same manner as other 
county officers, a County Superintendent of Schools, who 
shall serve two years and have general supervision of all 
public schools of the county. A person must hold the 
highest grade of county certificate to be legally qualified 
for this office. 

Duties and Powers. —The County Superintendent must visit 
every school under his supervision at least once each year; he is 
required to give advice and help to teachers; he shall carry out the 
instructions of the State Superintendent; decide all matters of contro¬ 
versy arising in the administration of school laws, but an appeal may 
be taken from such decision to the State Superintendent; apportion 
all school funds quarterly in proportion to the school population ; pre¬ 
side at all teachers’ institutes; grant temporary certificates, and make 
an annual report to the State Superintendent on or before the first 
Monday in November. 


School Districts. — A school district may be established 
in the following manner: The parents of at least ten chil- 
• dren of school age (between six and twenty-one) who reside 
in the proposed district, must petition the County Superin¬ 
tendent, whose duty it is to post notices in three public 
places, stating the time when such petition will be heard. 
If the Superintendent, after hearing the petition, deems it 
expedient, he may establish the boundaries of said district; 
but any time within thirty days an appeal may be taken to 


396 


SUPPLEMENT. 


the County Commissioners by three tax-payers. Joint dis¬ 
tricts are formed in the same way, except that petitions are 
made to all the Superintendents interested, and all pro¬ 
visions must be concurred in by them. In joint districts 
the trustees and teachers are required to make out reports 
for the Superintendent of each county in which the district 
is located, and the teacher must hold a certificate from the 
county in which the schoolhouse is located. In order to 
receive a share of the public money, each district is required 
to maintain a school for at least three months in the year.^ 

School Trustees. — Districts are divided into three 
classes. First-class districts are those which contain a popu¬ 
lation of twelve thousand or over; second-class districts 
contain a population less than twelve thousand and more 
than one thousand; all districts with less than one thousand 
population belong to the third class. In districts of the 
first and second classes, there must be seven trustees, and 
in third-class districts there must be three trustees. The 
term of office is three years, and a vacancy is filled by 
appointment by the County Superintendent. Any legal 
voter, male or female, may serve as trustee. 

Powers and Duties. —The Board of Trustees may prescribe 
and enforce rules not inconsistent with law; employ and discharge 
teachers, mechanics, or laborers; fix the wages of teachers, and deter¬ 
mine a rate of tuition for non-resident pupils ; provide everything 
necessary for the use and convenience and well being of the school ; 
rent, repair, and insure schoolhouses; suspend and expel pupils who 
refuse to obey the school regulations; provide for indigent children, 
and require all pupils to be supplied with suitable books; require 
teachers to conform to the law; determine what branches must be 
taught in addition to those prescribed by law, and must visit every 
school at least once in each term. 

The officers of the Board are a president and clerk, who serve for 
one year. 

^ In school districts having more than five thousand inhabitants, the 
trustees are empowered by law to employ a Superintendent who must 
give his entire time to teaching and supervising the schools in the 
district. 


GOVERNMENT OF MONTANA. 


397 


School Elections.— In districts of the first class, elections are 
under the supervision of the County Commissioners, while in districts 
of the second and third classes, elections are under the supervision of 
the Board of School Trustees. 

In districts of the first class, notice of election must be given fifteen 
days before the day for voting, which is the first Saturday in April. 
Three persons are appointed as judges by the Commissioners, and 
these choose one of their number to act as clerk. All persons twenty- 
one years of age, legal residents of the district, and duly registered, 
may vote. Candidates for election must be nominated by a bona fide 
convention of at least twenty electors held ten days before election 
day, and the certificate of such nomination must be filed with the 
County Clerk eight days before the day of election. Registering and 
voting and all other details are similar to the state election (see Chap. 
VII.). 

Certificates. — There are four grades of county certificates. A 
person is entitled to a professional certificate if he is over eighteen 
years of age, has taught successfully at least twelve months, and has 
been found proficient in the following branches: penmanship, orthog¬ 
raphy, reading, written arithmetic, mental arithmetic, geography, Eng¬ 
lish grammar, physiology and hygiene. United States history, theory 
and practice of teaching, civics of United States and state of Montana, 
physical geography, American literature, elements of algebra, physics, 
and plane geometry. For a first-grade certificate, the candidate must 
possess the same qualifications as are required for a professional grade, 
except that physics and plane geometry are omitted. The professional 
and first-grade certificates are issued for four and three years respec¬ 
tively, and may be renewed by the County Superintendent if the 
holder continues to do successful work. They are also valid in any 
county by proper endorsement. The requirements for a second grade 
are the same as for the first except that algebra and American litera¬ 
ture are omitted and no actual experience in teaching is required. 
The requirements for a third-grade certificate are the same as for a 
second grade, with the omission of civics and physical geography. 
Third and second grade certificates are valid only in the county where 
issued, and a third grade will not be granted to the same person more 
than twice. A temporary certificate may be issued by the County 
Superintendent, which is valid only until the next examination. 
Third, second, or first grade certificates do not entitle the holder to 
teach in high schools. Examinations are held on the third Fridays 
in February, April, August, and November by the County Superin¬ 
tendent. A fee of one dollar is required of each applicant. 

Compulsory Atteiidaiice. — Every parent, guardian, or other 
person having control of any children between the ages of eight and 


398 


SUPPLEMENT, 


fourteen shall be required to send them to school at least twelve weeks 
in each year, six of which must be consecutive. It is the duty of the 
District Clerk to furnish the trustees with the names of pupils in the 
district between the ages of eight and fourteen not in attendance at 
school, upon which evidence the trustees are required by law to make 
inquiry as to the causes for such neglect. 

The legal excuses for non-attendance are: the child is taught at 
home; has acquired proficiency in the common branches; the parent 
is unable by reason of poverty to properly clothe the child ; weak 
physical or mental condition ; no school taught within two and one- 
half miles of the child’s home. School officers may be prosecuted for 
neglect of duty. 

Institutes. — If there are five or more school districts in a county, 
the Superintendent is required to hold an institute of not less than 
three nor more than ten days, and every teacher is required to attend. 
But no institute is held between the first day of June and the first day 
of September. The institute fund includes all money received from 
the issuance of teachers’ certificates and appropriations made by 
County Commissioners, which vary from twenty-five to two hundred 
and fifty dollars,. according to the class to which the county be¬ 
longs. 

Text Books. — For the purpose of establishing a uniform series 
of text books for the state, there is constituted by law a State Board 
of Text Book Commissioners consisting of the Superintendent of Public 
Instruction, Attorney General, presidents of the University and Agri¬ 
cultural College, and three teachers of the state appointed by the 
Governor. The purpose of this Board is to select and adopt a series of 
text books, enter into contract for the purchase of the same with the 
different publishing companies, and see that all the provisions of the 
contract are carried out. The series thus selected must be used in all 
the public schools to the exclusion of all others, for a term of six 
years from September, 1897. 

Any district may adopt free text books if the matter is properly 
submitted to a vote of the electors, and a majority of those voting 
declare in favor of it. In such case the trustees furnish an estimate 
to the County Commissioners of the amount of money necessary to 
purchase the books, and the Commissioners make a levy for the same 
on the property of the district. Pupils are not prohibited from buying 
their own text books if they so desire. 


GOVERNMENT OF MONTANA. 


399 


CHAPTEE IX. 

REVENUES. 

A tax is a contribution levied upon persons or upon prop¬ 
erty for the support of government. Taxes are imposed 
by authority of government, and should be uniform and 
equal. 

Property Tax. — All property in the state is subject to 
taxation except such classes as are made exempt by law. 
These are: property of the United States, state, counties, 
cities, towns, school districts, municipal corporations, and 
public libraries ; any property used exclusively for agri¬ 
cultural and horticultural societies, for educational pur¬ 
poses, or for religious worship; hospitals and burial places 
not held for private property; all institutions of public 
charity. 

Assessment. — The property of all railroads operated in 
more than one county, including franchise, roadway, road¬ 
bed, rails, and rolling stock must be assessed by the State 
Board of Equalization. All other taxable property is .as¬ 
sessed in the county, city, or district in which it is located. 
The District Judge of each county with a total assessment 
of eight millions or over, on or before the second Monday 
in February, appoints three resident tax-payers to act as a 
Board of Appraisers. It is the duty of this Board to fix 
the valuation of real estate in the county for the purpose of 
assessment by the Assessor. The Assessor has no authority 
to give a greater or less value to any piece of real estate 
than that fixed by the Board of Appraisers. It is the duty 
of the Assessor to ascertain the names of all taxable inhabi¬ 
tants, and make a list of all property in his county subject 
to taxation, between the first of March and the second Mon¬ 
day of July of each year. The names of such persons, with 
a complete list of the property of each and the assessment 
thereof, constitute the assessment book, which, when com¬ 
pleted, is delivered to the county clerk. 


400 


SUPPLEMENT. 


Equalization. — The Board of County Commissioners is 
the Board of Equalization for the county, and must meet on 
the third Monday of July for the purpose of examining the 
assessment book and equalizing the assessment of property 
in the county. 

The State Board of Equalization meets on the fourth 
Monday of July to equalize the valuation of taxable prop¬ 
erty of the several counties. It may recommend to any 
county clerk to increase or lower any assessment in order 
that the assessments throughout the state may be uniform. 
Any person may appear before the County Board to have 
his assessment readjusted. 

Tax Levy. — The rate of levy in each corporate body 
depends upon the total valuation of property and upon the 
total amount of money to be raised. The Legislative As¬ 
sembly makes an estimate for the expenses of the state for 
a period of two years. The County Commissioners, School 
Trustees of each district, and the City Council of each city 
likewise make estimates of the running expenses, and any 
improvements provided for by law, for each of their re¬ 
spective corporations. The amount of taxes in any county 
would be the sum of money to be raised for all purposes in 
the county, plus its proportion of the state taxes. All 
taxes are collected by the County Treasurer except in cities 
of the first class, in which the City Treasurer performs this 
duty. 

Per Capita Taxes. — It is the duty of the Assessor to 
collect the sum of three dollars from every able-bodied man 
over twenty-one years of age residing in each road district. 
In case any one is unable to pay the money, one day’s labor 
may be given instead. 

In addition to all other taxes, every male inhabitant of 
the state over twenty-one and under sixty years of age is 
required to pay an annual poll tax of two dollars, which 
may be collected at any time by the Assessor. Indians not 
taxed, paupers, and insane persons are not included. 


GOVERNMENT OF MONTANA. 


401 


The power to levy and collect taxes is one of the most 
important functions of government, and in order that the 
people who pay may not be burdened by them, certain 
fundamental principles should be observed by all legislative 
bodies. The first is, taxes should be uniform and equal. 
Second: Taxes should be collected at times most convenient 
for the people to pay. Third: Taxes should be levied in 
proportion to the ability to pay. Fourth: Taxes should 
be so expended as to render the greatest service to the 
public. 







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